Maxwell/G-Doffee v. Allen et al

Filing 66

ORDER approving and adopting 60 Proposed Findings and Recommended Disposition; granting Defendants' 48 Motion for Summary Judgment, and dismissing Plaintiff's complaint with prejudice; and, denying 56 Plaintiff's Motion for Summary Judgment. Signed by Judge James M. Moody on 11/17/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DON MERCELEANY R. MAXWELL/G-DOFFEE ADC #108778 V. PLAINTIFF NO: 5:09CV00295 JMM ALLEN et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed. After carefully considering the 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’ motion for summary judgment (docket entry #48) is GRANTED, and Plaintiff’s complaint is DISMISSED WITH PREJUDICE. 2. Plaintiff’s motion for summary judgment (docket entry #56) is DENIED. 3. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. DATED this 17th day of November, 2011. UNITED STATES DISTRICT JUDGE

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