McAlphin v. Wade et al

Filing 35

ORDER approving and adopting 34 the Proposed Findings and Recommended Disposition; granting 28 Defendants' Motion for Summary Judgment; dismissing Plaintiff's case with prejudice; and certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 4/23/2018. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JAMES McALPHIN,
ADC #88328,

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Plaintiff,
v.
BRENDA WADE, Director, Arkansas
Claims Commission; et al.
Defendants.

No. 4:17CV00343-SWW

ORDER
The Court has reviewed the Proposed Findings and 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 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 Summary Judgment (Doc. No. 28) is GRANTED.

2.

Plaintiff’s case is DISMISSED with prejudice.

3.

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.
IT IS SO ORDERED this 23rd day of April, 2018.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE