Banks v. Federal Bureau of Prisons et al

Filing 68

ORDER ADOPTING 66 the proposed findings and recommended disposition; granting 57 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-Gr aham; and dismissing 6 Banks's complaint, without prejudice with respect to his claims against the unnamed Does and the USA, and with prejudice in all other respects. It is certified that an in forma pauperis appeal taken from the order and judgment dismissing this action would be frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 4/9/2015. (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 recommended disposition (“RD”) submitted by United
States Magistrate Judge H. David Young and plaintiff’s objections thereto have been
reviewed. After a careful consideration of the objections, and a de novo review of the record,
the RD are hereby approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

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. 57] is granted.
2.

Banks’s complaint [Doc. No. 6] is dismissed without prejudice with respect to

his claims against the unnamed Does and the USA, and with prejudice in all other respects.
3.

It is certified that an in forma pauperis appeal taken from the order and

judgment dismissing this action would be considered frivolous and not in good faith.
IT IS SO ORDERED this 9th day of April 2015.

UNITED STATES DISTRICT JUDGE