Kelley v. Anderson et al

Filing 96

ORDER approving and adopting 95 Report and Recommendations as this Court's findings in all respects; granting 91 Defendant Wendy Kelley and William Straughn's Motion for Summary Judgment, and dismissing Plaintiff's complaint; dis missing Plaintiff's complaint with prejudice with respect to his claims against William Staughn, and dismissing without prejudice in all other respects; and, certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Susan Webber Wright on 9/13/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES KELLEY
ADC #140048
V.

PLAINTIFF

NO: 5:11CV00130 SWW

ROLAND ANDERSON et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge H. David Young. No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommended 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.

The motion for summary judgment filed by Defendants Wendy Kelley and William

Straughn (docket entry #91) is GRANTED, and Plaintiff’s complaint is DISMISSED.
2.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE with respect to his claims

against William Straughn, and DISMISSED WITHOUT PREJUDICE in all other respects.
3.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 13th day of September, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE