Smith v. Griswold et al

Filing 101

ORDER ADOPTING REPORT AND RECOMMENDATIONS 98 granting defendants' 43 Motions for Summary Judgment 49 100 ; and denying all pending motions as moot and certifying that an ifp appeal taken from this Order and any Judgment entered would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 3/23/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOSEPH J. SMITH ADC #127880 v. CARL GRISWOLD, et al. ORDER The Court has reviewed the Proposed Findings and Recommended Disposition received from Magistrate Judge Jerry Cavaneau and the objections filed in response, and has further reviewed the relevant record de novo. The Findings and Recommendations are adopted in their entirety as this Court's findings in all respects. Accordingly, Defendant Griswold's Motion for Summary Judgment (Doc. No. 43) and Defendants Anderson's and CMS' Motion for Summary Judgment (Doc. No. 49) are GRANTED. Plaintiff's case is DISMISSED in its entirety and all pending motions are DENIED as MOOT. The Court further certifies an in forma pauperis appeal from this Order adopting the recommendations, and any Judgment entered, would not be taken in good faith. IT IS SO ORDERED this 23rd day of March, 2009. 5:07CV00198-WRW DEFENDANTS PLAINTIFF

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE