Gray v. Page et al

Filing 53

ORDER ADOPTING 38 Partial Report and Recommendations and denying 34 Motion for Summary Judgment filed by Rufus Gray, certifying that an ifp appeal taken from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 1/19/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RUFUS GRAY, ADC #141375 v. 5:09cv00214 BSM/JTR DEFENDANTS PLAINTIFF PAGE, Sergeant, Cummins Unit, Arkansas Department of Correction, et al. ORDER The court has reviewed the proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, it is concluded that the proposed findings and recommended partial 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. 2. Plaintiff's motion for summary judgment [Doc. No. 34] is DENIED. The court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), than an in forma pauperis appeal from this order would not be taken in good faith. Dated this 19th day of January, 2010. UNITED STATES DISTRICT JUDGE

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