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)

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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: 5:09CV00325 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

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