Webb v. Clark et al

Filing 56

ORDER ADOPTING 53 Partial Report and Recommendations granting 35 Motion for Summary Judgment filed by Baker, Richard L Clark, Farver, Parker; dismissing plaintiff's claims against defts Farver and Baker without prejudice; and dismissing the official capacity claims against defts Clark and Parker with prejudice. Signed by Judge James M. Moody on 9/13/10. (bkp)

Webb v. Clark et al

Doc. 56

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BRIAN J. WEBB, ADC # 141031 V. 5:09-cv-00332-JMM-JJV PLAINTIFF

RICHARD L. CLARK, Sgt., Maximum Security Unit, Arkansas Department of Correction; et al. ORDE R

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes 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. GRANTED; 2. The claims against Defendants Farver and Baker are DISMISSED without prejudice The Motion for Partial Summary Judgment (Doc. No. 35) filed by Defendants is

for failure to exhaust administrative remedies; and 3. with prejudice. DATED this 13 day of September, 2010. ____________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE The official capacity claims against Defendants Clark and Parker are DISMISSED

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