Bush v. Davis et al

Filing 38

ORDER adopting 36 the recommended disposition; denying as moot 35 Bush's motion for service on Treadway; and granting 26 defendant Rory Griffin's motion for summary judgment. An appeal from this order would not in good faith. Signed by Chief Judge Brian S. Miller on 6/19/2017. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION KENNETH BUSH ADC #088682 v. PLAINTIFF CASE NO. 2:16-CV-00160 BSM RORY L. GRIFFIN, Deputy Director, Health and Correctional Programs, ADC, et al. DEFENDANTS ORDER The recommended disposition (“RD”) submitted by United States Magistrate Judge J. Thomas Ray [Doc. No. 36] has been reviewed. No objections have been filed. After reviewing the record, the RD is adopted. Accordingly, defendant Rory Griffin’s motion for summary judgment [Doc. No. 26] is granted, and plaintiff Kenneth Bush’s claims against Griffin and defendants Samantha Treadway and Tony Tucker are dismissed without prejudice. Bush’s motion for service on Treadway [Doc. No. 35] is denied as moot. An appeal from this order would not be in good faith. See 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 19th day of June 2017. _______________________________ UNITED STATES DISTRICT JUDGE

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