Burgie v. Hobbs et al

Filing 92

ORDER adopting the proposed finding and recommended disposition; granting 64 Defendants' motion for summary judgment; dismissing Burgie's complaint with prejudice with respect to all his claims under federal law; dismissing Burgie's complaint without prejudice with respect to any state law claim he raised; denying all other pending motions as moot; and certifying that an in forma pauperis appeal taken from this order and accompanying judgment dismissing this action would be considered frivolous and not taken in good faith.. Signed by Judge Brian S. Miller on 7/19/12. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ERIC C. BURGIE
ADC #120956
v.

PLAINTIFF

CASE NO. 5:11CV00118 BSM/HDY

RAY HOBBS, et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young 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. 64] is GRANTED, and

Burgie’s complaint is DISMISSED WITH PREJUDICE with respect to all his claims under
federal law.
2.

Burgie’s complaint is DISMISSED WITHOUT PREJUDICE with respect to

any state law claim he raised.
3.

All other pending motions are DENIED AS MOOT.

4.

It is certified that an in forma pauperis appeal taken from this order and

accompanying judgment dismissing this action would be considered frivolous and not taken
in good faith

Dated this 19th day of July 2012.

UNITED STATES DISTRICT JUDGE