Briley v. Cole et al

Filing 66

ORDER ADOPTING 64 Partial Report and Recommendations denying all official claims with prejudice; dismissing pltf's inadequate medical care and retaliation claims against defts Randle, Royal, Adams, Browley, Cole and Tyler with prejudice; dismi ssing defts Royal, Randle, and Tyler with prejudice; and allowing plaintiff to proceed with his failure to protect, excessive force, and free exercise claims against defts Cole, Adams, Baughmon, Browley, Jones and Wright; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 3/11/11. (kpr)

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Briley v. Cole et al Doc. 66 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDDIE BRILEY, JR. v. CASE NO. 5:09CV00220 BSM/JTR PLAINTIFF RONNIE COLE, Chief Deputy, W.C. Dub Brassell Detention Center et al. ORDER DEFENDANTS The proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray has been reviewed. No objections were filed. After carefully considering this document and making a de novo review of the record, it is concluded that the proposed findings and recommended partial disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Defendants' Motion for Summary Judgment [Doc. No. 40] is GRANTED IN PART and DENIED IN PART such that: (a) all official capacity claims are DISMISSED, WITH PREJUDICE; (b) Plaintiff's inadequate medical care and retaliation claims against Defendants Randle, Royal, Adams, Browley, Cole, and Tyler are DISMISSED, WITH PREJUDICE; (c) Defendants Royal, Randle, and Tyler are DISMISSED, WITH PREJUDICE, because there are no remaining claims against them; and (d) Plaintiff shall PROCEED with his failure to protect, excessive force, and free exercise claims against Defendants Cole, Adams, Baughmon, Browley, Jones, and Wright. 2. IT IS CERTIFIED, pursuant to 28 U.S.C. 1915(a)(3), that an in forma Dockets.Justia.com pauperis appeal from this order would not be taken in good faith. Dated this 11th day of March, 2011. ________________________________ UNITED STATES DISTRICT JUDGE 2

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