Prevost v. Westbrook et al

Filing 27

ORDER adopting 20 Proposed Findings and Recommendations as its findings in all respects, except to the extent it recommends the dismissal of separate defendants Valorie Westbrook and Jeremy Andrews, as those two defendants have subsequently been di smissed as defendants from this lawsuit based on 25 motion filed by plaintiff John E. Prevost, II; granting 16 defendants' motion for partial summary judgment consistent with the terms of this Order; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 9/4/2018. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JOHN E. PREVOST, II
ADC #144749
v.

PLAINTIFF
Case No. 2:17-cv-00144-KGB/JJV

VALORIE WESTBROOK, et al.,

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe (Dkt. No. 20). No objections have been filed, and the time
for filing objections has passed. The Court adopts the Proposed Findings and Recommendations
as its findings in all respects, except to the extent it recommends the dismissal of separate
defendants Valorie Westbrook and Jeremy Andrews, as those two defendants have subsequently
been dismissed as defendants from this lawsuit based on the motion filed by plaintiff John E.
Prevost, II (see Dkt. Nos. 25, 26). Accordingly, the Court grants defendants’ motion for partial
summary judgment consistent with the terms of this Order (Dkt. No. 16) and denies Mr. Prevost’s
cross motion for summary judgment (Dkt. No. 19). The Court certifies, pursuant to 28 U.S.C. §
1915(a)(3), that in in forma pauperis appeal from this Order would not be taken in good faith.
So ordered this the 4th day of September, 2018.

_____________________________
Kristine G. Baker
United States District Judge