Croston v. Norris et al

Filing 81

ORDER adopting Magistrate Judge Joe J Volpe's proposed findings and recommended disposition; granting 52 Defendants' motion for summary judgment; denying 59 Plaintiff's motion for summary judgment; dismissing 2 Plaintiff's complaint with prejudice. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. Signed by Judge Brian S. Miller on 9/12/11. (hph)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DETRICK DESHAWN CROSTON, ADC # 131172 v. PLAINTIFF CASE NO. 5:09CV00373 BSM/JJV LARRY NORRIS, Director, Arkansas Department of Correction et al. DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge Joe J. Volpe and the filed objections have been reviewed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended 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. 52] is GRANTED. 2. Plaintiff’s motion for summary judgment [Doc. No. 59] is DENIED. 3. Plaintiff’s complaint [Doc. No. 2] is DISMISSED with prejudice. 4. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. DATED this 12th day of September 2011. ___________________________________ UNITED STATES DISTRICT JUDGE

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