White v. Ollar et al

Filing 154

ORDER ADOPTING REPORT AND RECOMMENDATIONS 153 ; denying 116 Motion to Dismiss; denying 126 Motion for Summary Judgment; granting 141 Motion for Summary Judgment; granting 144 Motion for Summary Judgment. Plaintiff's allegations against deft Holladay are dismissed without prejudice. All other allegations against defts are dismissed with prejudice. Signed by Judge Billy Roy Wilson on 11/8/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CHARLES BRUCE WHITE,
REG. #02068-084
v.

PLAINTIFF

4:11-cv-00251-BRW-JTK

LYNN OLLAR, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States
Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those
proposed findings and recommendations, the Court adopts them in their entirety. Accordingly,
IT IS, THEREFORE, ORDERED that:
1)

Defendant Byrd’s Motion to Dismiss (Doc. No. 116) is DENIED.

2)

Plaintiff’s Motion for Summary Judgment (Doc. No. 126) is DENIED.

3)

Defendant Holladay’s Motion for Summary Judgment (Doc. No. 141) is

GRANTED.
4)

Defendant Ollar’s Motion for Summary Judgment (Doc. No. 144) is GRANTED.

5)

Defendant Byrd’s Motion for Summary Judgment (Doc. No. 148) is GRANTED.

6)

Plaintiff’s allegations against Defendant Holladay of mold, sewage, second-hand

smoke, and administrative segregation conditions are DISMISSED without prejudice.
7)

All other allegations against Defendants are DISMISSED with prejudice.

An appropriate Judgment shall accompany this Order.
IT IS SO ORDERED this 8th day of November, 2012.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE