Pennington v. Kelly et al

Filing 183

ORDER adopting 177 Recommended Disposition in its entirety; therefore, pltf's motions for summary judgment 84 105 are DENIED; defts' motions for summary judgment 130 169 are GRANTED, and pltf's claims are DISMISSED WITH PREJUDICE; all remaining motions are denied as moot 134 143 152 158 160 161 162 163 167 173 182 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 9/16/09. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION FREDERICK PENNINGTON, JR. ADC # 71305 v. WENDY KELLEY, et al. ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Plaintiff's motions for summary judgment (#83 and #105) are DENIED. Defendants' motions for summary judgment (#130 and #169) are GRANTED and Plaintiff's claims are DISMISSED with PREJUDICE. All remaining motions are denied as moot. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action would be frivolous and not taken in good faith. IT IS SO ORDERED this 16th day of September, 2009. CASE NO. 5:08CV0018 JLH/BD DEFENDANTS PLAINTIFF _________________________________ UNITED STATES DISTRICT JUDGE

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