Wiley v. Oxner et al

Filing 38

ORDER ADOPTING 37 the recommended disposition; granting 29 32 the defendants' motions for summary judgment; and dismissing Kendrick Wiley's claims, with prejudice. Signed by Chief Judge Brian S. Miller on 10/1/2013. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION KENDRICK WILEY ADC #139566 v. PLAINTIFF CASE NO. 2:12CV00244 BSM JACKIE OXNER, et al. DEFENDANTS ORDER The recommended disposition submitted by Magistrate Judge Beth Deere has been reviewed. No objections have been filed. After careful consideration, the recommended disposition is reluctantly approved and adopted in all respects. Judge Deere’s recommended disposition is a correct application of the law; however, the facts present a very troubling case because it is almost totally unbelievable that prisoners can pick a lock and barge past able guards to beat a man in the shower. A cynic would believe the assailants were aided. The question is, by whom? Defendants’ motions for summary judgment [Doc. Nos. 29, 32] are granted, and Wiley’s claims are dismissed with prejudice. IT IS SO ORDERED this 1st day of October 2013. ________________________________ UNITED STATES DISTRICT JUDGE

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