DuBois v. Ware et al

Filing 73

ORDER adopting 70 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting 65 Motion for Summary Judgment. Plaintiff's complaint is DISMISSED WITH PREJUDICE with respect to his claims against Robinson. Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE in all other respects. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Susan Webber Wright on 6/17/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
BEAU LEE DUBOIS
ADC #153331
V.

PLAINTIFF

NO: 4:13CV00465 SWW

DAVID ROBERT WARE et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young, and the objections filed. After carefully
considering the objections 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.

The motion for summary judgment filed by Defendants Vesta Mullins, Alushia

Robinson, and David Robert Ware (docket entry #65) is GRANTED, and Plaintiff’s complaint is
DISMISSED.
2.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE with respect to his claims

against Robinson.
3.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE in all other respects.

4.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 17th day of June, 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE