Holloway v. Lay et al

Filing 79

ORDER adopting Magistrate Judge Joe J. Volpe's proposed findings and recommended disposition; granting 59 Defendants' motion for summary judgment; and dismissing Plaintiff's complaint with prejudice. Signed by Judge Brian S. Miller on 11/21/11. (hph)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION WINSTON HOLLOWAY, ADC #67507 v. PLAINTIFF CASE NO. 5:10CV00067 BSM/JJV REX GAYLON LAY, Warden, Cummins Unit, Arkansas Department of Correction; and WILLIAM STRAUGHN, Assistant Warden, Cummins Unit, Arkansas Department of Correction 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. 59] is GRANTED. 2. Plaintiff’s amended complaint is DISMISSED with prejudice. 3. It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Dated this 21st day of November 2011. UNITED STATES DISTRICT JUDGE

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