Neill v. Knauts et al

Filing 31

ORDER adopting 28 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects. Defendant McClung's 18 Motion for Summary Judgment is granted and the claims against him are dismissed, without p rejudice. Defendant Knauts' 14 Motion for Summary Judgment is granted and the claim against him is dismissed with prejudice. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 3/20/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION BRANDY ANN NEILL, ADC #712275 v. PLAINTIFF No. 3:14CV00011 JLH/JTR C.W. KNAUTS, Public Defender; and GERALD McCLUNG, Clay County Sheriff DEFENDANTS 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. Defendant McClung’s Motion for Summary Judgment is GRANTED, and the claims against him are DISMISSED, WITHOUT PREJUDICE. Document #18. 2. Defendant Knauts’ Motion for Summary Judgment is GRANTED, and the claim against him is DISMISSED, WITH PREJUDICE. Document #14. 3. It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Dated this 20th day of March, 2015. UNITED STATES DISTRICT JUDGE

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