Maxwell/G-Doffee v. Tyler et al

Filing 87

ORDER ADOPTING 73 Partial Report and Recommendations and 82 Report and Recommendations in their entirety; therefore, defts' 61 motion for summary judgment is denied, and pltf's complaint is DISMISSED WITH PREJUDICE; pltf's motions for copies 84 86 are denied. Signed by Judge Susan Webber Wright on 12/15/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

DON MERCELEANY R. MAXWELL/G-DOFFEE
ADC #108778

V.

PLAINTIFF

NO: 5:09CV00325 SWW/HDY

ANGELA TYLER et al.

DEFENDANTS

ORDER
The Court has reviewed the Partial Recommended Disposition (docket entry #73) and
Proposed Findings and Recommended Disposition (docket entry #82) 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
Partial Recommended Disposition (docket entry #73) and Proposed Findings and Recommended
Disposition (docket entry #82) should be, and hereby are, approved and adopted in their entirety as
this Court's findings in all respects.
IT IS THEREFORE ORDERED that Defendants’ motion for summary judgment (docket
entry #61) is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s complaint is DISMISSED WITH PREJUDICE.
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.
IT IS FURTHER ORDERED that Plaintiff’s motions for copies (docket entries #84, #86)

are DENIED.1
IT IS SO ORDERED THIS 15TH DAY OF DECEMBER, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

Plaintiff requests copies of docket entries #79 and #80. Docket entry #79, is merely a
Clerk’s certificate of mailing, and docket entry #80 is a minute entry noting the fact that an
evidentiary hearing was held in this case on October 17, 2011.
2