Banks v. Federal Bureau of Prisons et al

Filing 47

ORDER ADOPTING 45 the proposed findings and partial recommended disposition; granting 26 defendant USA's motion for summary judgment, and dismissing plaintiff's claims against the USA, without prejudice; granting 29 the motion for sum mary judgment filed by defendants Darlene Gallardo, Theron Houston, Brenda Hoy, Steven Norris, T.C. Outlaw, Nader Peikar, and Mary Ellen Rivers-Graham, to the extent that plaintiff's Bivens claims against them in their official capacities are dismissed with prejudice and denied in all other respects; and granting 32 Misty Rios's motion for summary judgment, and dismissing plaintiff's claims against Rios, with prejudice. Signed by Chief Judge Brian S. Miller on 3/31/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DARRELL EUGENE BANKS
REG# 23612-058
v.

PLAINTIFF

CASE NO. 2:13CV00121 BSM

FEDERAL BUREAU
OF PRISONS et al.

DEFENDANTS
ORDER

The proposed findings and partial recommended disposition submitted by United
States Magistrate Judge H. David Young have been reviewed, along with the objections filed.
After careful consideration and a de novo review of the record, it is concluded that the
proposed findings and partial recommended disposition should be, and hereby are, approved
and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

The motion for summary judgment filed by defendant USA [Doc. No. 26] is

GRANTED, plaintiff’s claims against the USA are DISMISSED WITHOUT PREJUDICE,
and the USA’s name is removed as a party defendant.
2.

The motion for summary judgment filed by defendants Darlene Gallardo,

Theron Houston, Brenda Hoy, Steven Norris, T.C. Outlaw, Nader Peikar, and Mary Ellen
Rivers-Graham [Doc. No. 29] is GRANTED to the extent that plaintiff’s Bivens claims
against them in their official capacities are DISMISSED WITH PREJUDICE and DENIED
in all other respects.

3.

The motion for summary judgment filed by defendant Misty Rios [Doc. No.

32] is GRANTED, plaintiff’s claims against Rios are DISMISSED WITH PREJUDICE, and
Rios’s name is removed as a party defendant.
DATED this 31st day of March 2014.

UNITED STATES DISTRICT JUDGE