Brewer v. Marby et al

Filing 79

ORDER adopting 68 Recommended Disposition in its entirety; therefore, defts' motions for summary judgment 22 40 & 60 are GRANTED, and pltf's claims are DISMISSED WITHOUT PREJUDICE; all remaining pending motions are DENIED AS MOOT 25 27 29 30 35 48 50 55 57 63 65 70 75 78 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 10/13/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KEITH D. BREWER ADC # 143434 v. Case No. 5:09CV00178 JLH-JJV PLAINTIFF

BOWMAN, Dr., Correctional Medical Services; ARKANSAS DEPARTMENT OF CORRECTION; CORRECTIONAL MEDICAL SERVICES; and RORY GRIFFIN, Health Services Administrator, Correctional Medical Services ORDE R

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' 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: 1. Defendants' Motions for Summary Judgment (Doc. Nos. 22, 40 & 60) are

GRANTED; and Plaintiff's claims are dismissed without prejudice; 2. 3. All remaining pending Motions are DENIED as moot; and The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from any Order adopting these recommendations would not be taken in good faith. DATED this 13th day of October, 2009.

UNITED STATES DISTRICT JUDGE