Morgan v. Arkansas Department of Correction et al

Filing 118

ORDER approving and adopting in their entirety as this Court's findings in all respects 86 112 Proposed Findings and Recommendations; dismissing without prejudice Mr. Morgan's claims against Sharon Lachney; granting 91 95 defendants ' motions for summary judgment; dismissing 2 complaint with prejudice with respect to his claims against defendants Monicka Branscomb and the ADC and without prejudice in all other respects; and certifying 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 Judge Kristine G. Baker on 05/28/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
JEFFERY D. MORGAN
ADC #078410
v.

PLAINTIFF

Case No. 2:13-cv-00164-KGB/HDY

ARKANSAS DEPARTMENT
OF CORRECTION, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge H. David Young recommending dismissal of plaintiff Jeffery D.
Morgan’s claims against defendant Sharon Lachney (Dkt. No. 86) and Mr. Morgan’s objections
(Dkt. No. 103). After carefully considering the objections and making a de novo review of the
record in this case, 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.
The Court dismisses without prejudice Mr. Morgan’s claims against Ms. Lachney.
The Court has also reviewed the Proposed Findings and Recommendations submitted by
Judge Young concerning defendants’ motions for summary judgment (Dkt. No. 112). Mr.
Morgan filed a motion for extension of time to object to these Proposed Findings and
Recommendations (Dkt. No. 113) and subsequently filed his objections (Dkt. Nos. 114, 115).
The Court grants the motion for extension and has considered the objections. After carefully
considering the objections and making a de novo review of the record in this case, 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. The Court grants
defendants’ motions for summary judgment (Dkt. Nos. 91, 95), dismisses with prejudice Mr.

Morgan’s claims against defendants Monicka Branscomb and the Arkansas Department of
Correction, and dismisses without prejudice Mr. Morgan’s complaint in all other respects.
It is therefore ordered that:
1.

The Court dismisses without prejudice Mr. Morgan’s claims against Sharon

Lachney.
2.

The Court grants defendants’ motions for summary judgment (Dkt. Nos. 91, 95)

and dismisses Mr. Morgan’s complaint.
3.

Mr. Morgan’s complaint is dismissed with prejudice with respect to his claims

against defendants Monicka Branscomb and the Arkansas Department of Correction and is
dismissed without prejudice in all other respects.
4.

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 28th day of May, 2015.

____________________________________
Kristine G. Baker
United States District Judge

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