Clark v. Etherly et al

Filing 30

ORDER adopting the proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney 28 ; defendants' motion for summary judgment is granted in part and denied in part 23 ; defendants' motion is granted with resp ect to plaintiff's allegations against defendant Allen and his allegations concerning his assignment to segregation; defendants' motion for summary judgment is denied with respect to plaintiff's allegations against defendant Etherly. Signed by Judge J. Leon Holmes on 3/24/16. (tjb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION BEAUFORD CLARK,1 ADC #150630 v. PLAINTIFF No. 2:15CV00087-JLH-JTK MARCUS ETHERLY, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Defendants’ motion for summary judgment (Document #23) be GRANTED in part, with respect to plaintiff’s allegations against defendant Allen, and his allegations concerning his assignment to segregation. 2. Defendants’ motion for summary judgment (Document #23) be DENIED with respect to plaintiff’s allegations against defendant Etherly. IT IS SO ORDERED this 24th day of March, 2016. _________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE 1 The plaintiff testified that his name is Beauford Clark, not Buford Clark. Document #24-3 at 2. The Clerk is directed to correct the docket accordingly.

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