Ellis v. Burl et al

Filing 163

Order approving and adopting 150 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; directing the Clerk of Court to alter the docket to reflect that defendant Bishop is "Harry Bishop"; g ranting Defendants' 133 motion for summary judgment; dismissing Mr. Ellis's claims against defendants Harry Bishop and William Gay with prejudice; denying Mr. Ellis's 146 motion for summary judgment; dismissing Mr. Ellis's cla ims against defendants John Does 1-3 without prejudice; certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith; and denying all pending motions as moot. Signed by Judge Kristine G. Baker on 08/11/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
TYRONE ELLIS,
ADC #149250

PLAINTIFF

v.

Case No: 2:14-cv-00071-KGB-JJV

DANNY BURL, Warden, East
Arkansas Regional Unit; et al.,

DEFENDANTS
ORDER

The

Court

has

reviewed

the

Proposed

Findings

and

Recommendations

(“Recommendations”) submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 150)
and the various filings and objections filed by plaintiff Tyrone Ellis since Judge Volpe’s
Recommendations were entered (Dkt. Nos. 151-162). After carefully considering the objections
and conducting a de novo review of the record, the Court approves and adopts the
Recommendations in their entirety as this Court’s findings in all respects. The Court denies any
pending motions as moot.
It is therefore ordered that:
1.

The Clerk of Court shall alter the docket to reflect that defendant Bishop is “Harry
Bishop.”

2.

Defendants’ motion for summary judgment is granted (Dkt. No. 133).

3.

Mr. Ellis’s claims against defendants Harry Bishop and William Gay are
dismissed with prejudice.

4.

Mr. Ellis’s motion for summary judgment is denied (Dkt. No. 146).

5.

Mr. Ellis’s claims against defendants John Does 1-3 are dismissed without
prejudice due to Mr. Ellis’s failure to state a viable claim against these
defendants.

6.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order and the accompanying Judgment would not be taken in
good faith.

SO ORDERED this 11th day of August, 2015.

____________________________________
Kristine G. Baker
United States District Judge

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