Hamilton v. Foster et al

Filing 50

ORDER adopting in their entirety 49 the proposed findings and recommendations; dismissing plaintiff Ted Hamilton's claim against defendant Melanie Jones Foster in her official capacity; granting 46 Jones Foster's motion or summary judgm ent as to Hamilton's claim against her in her personal capacity ; dismissing this case, with prejudice; and certifying that an in forma pauperis appeal from the order and judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 7/25/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TED HAMILTON
v.

PLAINTIFF
CASE NO. 4:16-CV-00243 BSM

MELANIE JONES FOSTER,
Physician, Wrightsville Unit, ADC; et al.

DEFENDANTS

ORDER
The proposed findings and recommendations [Doc. No. 49] submitted by United
States Magistrate Judge Joe J. Volpe have been received. No objections have been filed.
After careful consideration, the proposed findings and recommendations are adopted in their
entirety. Accordingly, plaintiff Ted Hamilton’s claim against defendant Melanie Jones
Foster in her official capacity is dismissed, Jones Foster’s motion for summary judgment
[Doc. No. 46] is granted as to Hamilton’s claim against her in her personal capacity, and this
case is dismissed with prejudice. Furthermore, it is certified that an in forma pauperis appeal
from the order and judgment would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 25th day of July 2017.

________________________________
UNITED STATES DISTRICT JUDGE