Splunge v. Smith et al
Filing
16
ORDER adopting 14 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; granting 12 Motion for Partial Summary Judgment. All claims against Defendant James McCoy are DISMISSED w ith prejudice; Plaintiff's official capacity claims against Defendant Colby Smith are DISMISSED with prejudice. The Court certifies, 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. Signed by Judge Susan Webber Wright on 6/16/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOSEPH BENARD SPLUNGE,
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Plaintiff,
v.
COLBY SMITH, Correctional Officer,
White County Detention Center; et al.,
Defendants.
No. 4:14CV00548-SWW-JJV
ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After
careful consideration, the Court concludes that the Proposed Findings and Partial 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.
Defendants’ Motion for Partial Summary Judgment (Doc. No. 12) is GRANTED;
A.
All claims against Defendant James McCoy are DISMISSED with prejudice;
B.
Plaintiff’s official capacity claims against Defendant Colby Smith are
DISMISSED with prejudice.
2.
The Court certifies, 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.
IT IS SO ORDERED this 16th day of June 2015.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
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