Winston v. Payne et al

Filing 54

ORDER ADOPTING 53 REPORT AND RECOMMENDATIONS in their entirety. Defendants' 37 and 40 Motions for Summary Judgment are granted. Plaintiff's allegations against defendant Branscomb are dismissed without prejudice. Plaintiff's allegations against defendants Payne, Westbrook, Wiggins, Gay, and Etherly are dismissed with prejudice. The Court certifies that an in forma pauperis appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 5/2/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CHARLES A. WINSTON,
ADC #84733
v.

PLAINTIFF

No. 2:12CV00237-JLH-JTK

DEXTER PAYNE, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those
proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ motions for summary judgment (Documents #37, #40) are GRANTED.

2)

Plaintiff’s allegations against defendant Branscomb are dismissed without prejudice.

3)

Plaintiff’s allegations against defendants Payne, Westbrook, Wiggins, Gay, and

Etherly are dismissed with prejudice.
4)

The Court certifies that an in forma pauperis appeal would not be taken in good faith.

An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 2nd day of May, 2014.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE