Wilburn v. Mansfield et al

Filing 49

ORDER Adopting 28 and 44 Proposed Findings and Recommendations. Defendants' 34 Motion for Summary Judgment is granted, and this cause of action is dismissed with prejudice. The Court certifies that an in forma pauperis appeal from this Order and the accompanying judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/25/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
BILLY V. WILBURN
ADC #109415
v.

PLAINTIFF
Case No. 2:15-cv-00176 KGB/JJV

MELISSA K. MANSFIELD,
Nurse, Arkansas Department of Correction, et al.

DEFENDANT

ORDER
The

Court

has

received

two

Proposed

Findings

and

Recommendations

(“Recommendations”) from United States Magistrate Judge Joe J. Volpe (Dkt. Nos. 28, 44).
Plaintiff Billy V. Wilburn has filed objections to one of the Recommendations, but he has not filed
objections to the other (Dkt. No. 48).
After careful review of the Recommendations and the objections thereto, as well as a de
novo review of the record, the Court concludes that the Recommendations 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. Mr. Wilburn’s claims against defendant Pittman are dismissed without prejudice.
2. Defendants’ motion for summary judgment is granted, and this cause of action is
dismissed with prejudice (Dkt. No. 34).
3. 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 25th day of August, 2017.
________________________________
Kristine G. Baker
United States District Judge

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