Jones v. Conrad et al

Filing 58

ORDER ADOPTING 53 the proposed findings and recommended disposition; granting 37 the defendants' motion for summary judgment; dismissing the case, with prejudice; denying 52 plaintiff's motion for leave to file an amended complaint; and denying all remaining motions, as moot. It is certified that an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 3/28/2013. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY WAYNE JONES, ADC #70147 v. PLAINTIFF CASE NO. 5:10CV00355 BSM/JJV SHERRY CONRAD, Mailroom Supervisor, Varner Unit Arkansas Department of Correction, et al. DEFENDANTS ORDER The proposed findings and recommended disposition [Doc. No. 53] submitted by United States Magistrate Judge Joe J. Volpe and the filed objections [Doc. No. 57] 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 adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Defendants’ motion for summary judgment [Doc. No. 37] is granted and the case is dismissed with prejudice. 2. Plaintiff’s motion to for leave file an amended complaint [Doc. No. 52] is denied. 3. All remaining motions are denied as moot. 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 28th day of March 2013. UNITED STATES DISTRICT JUDGE

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