Ashby v. Hobbs et al

Filing 59

ORDER ADOPTING 58 the proposed findings and recommended disposition; granting 53 the Defendants' motion for summary judgment and dismissing plaintiff's complaint; dismissing plaintiff's complaint with prejudice with respect to his claims against defendants Cleaster D. Dean and the Arkansas Department of Correction, and dismissing without prejudice in all other respects. It is certified that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Chief Judge Brian S. Miller on 11/24/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DANNY LEE ASHBY
ADC #076639
v.

PLAINTIFF

CASE NO: 2:13CV00154 BSM

RAY HOBBS et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young have been received. No objections have been filed. After
careful consideration, it is concluded that the proposed findings and recommended
disposition should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ motion for summary judgment [Doc. No. 53] is granted, and

plaintiff’s complaint is dismissed.
2.

Plaintiff’s complaint is dismissed with prejudice with respect to his claims

against defendants Cleaster D. Dean and the Arkansas Department of Correction, and
dismissed without prejudice in all other respects.
3.

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

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 24th day of November 2014.

UNITED STATES DISTRICT JUDGE