Brown v. Busby et al

Filing 61

ORDER ADOPTING 58 REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge J. Thomas Ray in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: Plaintiff's 48 MOTION for Summary Judgment is DENIED. Defend ants' 49 MOTION for Summary Judgment is GRANTED, such that: (a) Plaintiff's inadequate medical care claims regarding his injured knee are DISMISSED, WITHOUT PREJUDICE; & (b) Plaintiff's inadequate medical care claims regarding his tr acheotomy are DISMISSED, WITH PREJUDICE. The Court CERTIFIES, pursuant to 28 Section 1915(a)(3), that an in forma pauperis appeal from this Order & the accompanying Judgment would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 9/8/2010. (jct)

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Brown v. Busby et al Doc. 61 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION HANK BROWN, ADC #145085 V. DICK BUSBY, Crittenden County Sheriff, et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and 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. 2. Plaintiff's Motion for Summary Judgment (docket entry #48) is DENIED. Defendants' Motion for Summary Judgment (docket entry #49) is GRANTED, such 3:09CV00114 WRW/JTR DEFENDANTS PLAINTIFF that his: (a) inadequate medical care claims regarding his injured knee are DISMISSED, WITHOUT PREJUDICE; and (b) inadequate medical care claims regarding his tracheotomy are DISMISSED, WITH PREJUDICE. 3. The Court CERTIFIES, pursuant to 28 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 8th day of September, 2010. /s/ Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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