Coffey v. Kelly et al

Filing 61

ORDER approving and adopting in their entirety the 59 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting the 39 motion for partial summary judgment filed by defendants CCS, Stieve, Flos s, Butler, and Kimble; and granting the 42 motion for partial summary judgment filed by defendants Kelley and Griffin. Coffey's claims against Stieve and Kimble are dismissed without prejudice, and any claims against CCS, Floss, and Butler, o ther than the exhausted claims identified in the recommendation, are dismissed without prejudice. Coffey's claims against Kelley are dismissed without prejudice, and any claims against Griffin, other than the exhausted claims identified in the recommendation, are dismissed without prejudice. Signed by Judge J. Leon Holmes on 2/3/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION KENNY COFFEY, ADC #86434 v. PLAINTIFF NO. 2:15CV00157 JLH/PSH WENDY KELLEY, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. IT IS THEREFORE ORDERED THAT: 1. The motion for partial summary judgment filed by defendants CCS, Stieve, Floss, Butler, and Kimble (Doc. No. 39), is GRANTED; Coffey’s claims against Stieve and Kimble are DISMISSED WITHOUT PREJUDICE; and any claims against CCS, Floss, and Butler, other than the exhausted claims identified in the Magistrate Judge’s recommendation, (Doc. No. 59) are DISMISSED WITHOUT PREJUDICE. 2. The motion for partial summary judgment filed by defendants Kelley and Griffin (Doc. No. 42) is GRANTED; Coffey’s claims against Kelley are DISMISSED WITHOUT PREJUDICE; and any claims against Griffin, other than the exhausted claims identified in the Magistrate Judge’s recommendation, are DISMISSED WITHOUT PREJUDICE. DATED this 3rd day of February, 2017. __________________________________ UNITED STATES DISTRICT JUDGE

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