Coleman v. Woodard

Filing 69

ORDER adopting 67 the proposed findings and recommended disposition in their entirety; granting 46 Defendant's motion for summary judgment; dismissing plaintiff's complaint, without prejudice, with respect to his state law claims, and dismissing with prejudice in all other respects; denying 54 Plaintiff's motion for partial summary judgment; 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 Chief Judge Brian S. Miller on 3/17/2015. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DELWRICK COLEMAN ADC #656538 v. PLAINTIFF CASE NO. 2:14CV00087 BSM BENJAMIN R. WOODARD DEFENDANT ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge H. David Young have been received, along with the objections filed thereto. After careful consideration and a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety. IT IS THEREFORE ORDERED THAT: 1. Defendant’s motion for summary judgment [Doc. No. 46] is granted, and plaintiff’s complaint is dismissed. 2. Plaintiff’s complaint is dismissed without prejudice with respect to his state law claims, and dismissed with prejudice in all other respects. 3. Plaintiff’s motion for partial summary judgment [Doc. No. 54] is denied. 4. 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. DATED this 17th day of March 2015. UNITED STATES DISTRICT JUDGE

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