Barbee v. Arkansas Department of Correction et al

Filing 49

ORDER approving and adopting in their entirety in all respects 47 Proposed Findings and Recommendations; granting 39 defendants' motion for summary judgment; dismissing 2 Jessie Barbee's complaint without prejudice with respect to his claims against the Doe defendants and dismissing Mr. Barbee's complaint with prejudice in all other respects; and certifying that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 3/30/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JESSIE S. BARBEE
ADC #107307
v.

PLAINTIFF

Case No. 2:13-cv-00034 KGB/HDY

ARKANSAS DEPARTMENT
OF CORRECTION et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations by United States
Magistrate Judge H. David Young (Dkt. No. 47). No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommendations should be,
and hereby are, approved and adopted in their entirety as this Court’s findings in all respects.
It is therefore ordered that:
1.

The Court grants defendants’ motion for summary judgment (Dkt. No. 39) and

dismisses plaintiff Jessie Barbee’s complaint.
2.

The Court dismisses Mr. Barbee’s complaint without prejudice with respect to his

claims against the Doe defendants. The Court dismisses Mr. Barbee’s complaint with prejudice
in all other respects.
3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
SO ORDERED this the 30th day of March, 2015.

_____________________________

Kristine G. Baker
United States District Judge