Noble v. Shelnut et al

Filing 61

ORDER approving and adopting in their entirety the 57 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; directing the Clerk to amend the docket to reflect the full name of defendant Darrin Shelnut ; granting Defendant Li Mandri's 49 motion for summary judgment and dismissing with prejudice plaintiff's claims against her; granting in part and denying in part defendant Shelnut's 54 motion for summary judgment; and certifying that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 8/11/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MARCUS ANDREAY NOBLE
ADC #106910
v.

PLAINTIFF

4:16CV00689-JLH-JJV

SHELNUT, Detention Officer,
Saline County Jail; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended 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 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.

The Clerk will amend the docket to reflect the full name of defendant Darrin

Shelnut. Document #19 at 1.
2.

Defendant Li Mandri’s motion for summary judgment is GRANTED (Document

#49), and plaintiff’s claims against her are DISMISSED with prejudice.
3.

Defendant Shelnut’s motion for summary judgment is GRANTED IN PART and

DENIED IN PART (Document #54):
A.

Defendant Shelnut’s motion is granted to the extent plaintiff’s official

capacity claim against him is DISMISSED with prejudice.
B.

Defendant Shelnut’s motion is denied to the extent plaintiff’s personal

capacity claim against him will proceed.

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4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations would not be taken in good faith.
DATED this 11th day of August, 2017.

_______________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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