Webb v. Pulaski County Regional Detention Facility

Filing 24

ORDER adopting 22 Proposed Findings and Recommended Partial Disposition in their entirety as this Court's findings in all respects. Plaintiff's claims against Defendants Pulaski Regional Detention Facility, Morgan, and Forrest are DISMISS ED without prejudice. Plaintiff's retaliation claims against Defendant Elliot are DISMISSED without prejudice. Plaintiff's deliberate indifference, denial of access to courts, and smoking claims against Defendants Holiday and Smith are DISM ISSED without prejudice. Plaintiff is allowed to proceed with his conditions of confinement claims against Defendants Holiday, Smith, Brawley, and Elliot. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Billy Roy Wilson on 9/29/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JEFFERY WEBB, ADC #551387
V.

PLAINTIFF
4:14CV00402-BRW-JJV

PULASKI COUNTY REGIONAL
DETENTION FACILITY; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s Objections. After carefully
considering the objections and making a de novo review of the record, the Court concludes that the
Proposed Findings and Recommended Partial 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.

Plaintiff’s claims against Defendants Pulaski Regional Detention Facility,

Morgan, and Forrest are DISMISSED without prejudice.
2.

Plaintiff’s retaliation claims against Defendant Elliot are DISMISSED without

prejudice.
3.

Plaintiff’s deliberate indifference, denial of access to courts, and smoking claims

against Defendants Holiday and Smith are DISMISSED without prejudice.
4.

Plaintiff is allowed to proceed with his conditions of confinement claims against

Defendants Holiday, Smith, Brawley, and Elliot.
5.

The Court certifies, pursuant to 28 U.S.C. § 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 29th day of September, 2014.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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