Proctor v. Kelley et al

Filing 156

ORDER ADOPTING 148 Report and Recommendations in their entirety; therefore, Defts' Motions for Summary Judgment 129 133 are GRANTED and this action is DISMISSED; all pending motions are DENIED AS MOOT 108 109 112 113 122 143 144 147 155 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 4/9/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TERRY PROCTOR ADC # 87410 v. No. 5:08CV00247 JLH-JJV DEFENDANTS ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff's objections. After carefully considering Plaintiff's objections and making a de novo review of the record in this case, 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 that the Defendants' motions for summary judgment (Doc. Nos. 129 & 133) are GRANTED and this action is DISMISSED. All pending motions are DENIED as moot. IT IS FURTHER ORDERED that the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. DATED this 9th day of April, 2010. PLAINTIFF

WENDY KELLEY, Deputy Director, Arkansas Department of Correction, et al.

___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE