Anderson v. Hobbs et al

Filing 275

ORDER ADOPTING 273 Report and Recommendations; therefore, defts' motions for summary judgment 253 257 are GRANTED, and pltf's claims are dismissed; pltf's 263 Motion for Sanctions and 272 Motion for Order are denied as moot. Signed by Judge J. Leon Holmes on 2/20/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES KEN ANDERSON
ADC #99355
v.

PLAINTIFF

NO. 5:11CV00258 JLH/BD

RAY HOBBS, et al.

DEFENDANTS
ORDER

The Court has received a Recommended Disposition (“Recommendation”) from Magistrate
Judge Beth Deere. After careful review of the Recommendation, Mr. Anderson’s the timely
objections, as well as a de novo review of the record, the Court concludes that the Recommendation
should be, and hereby is, approved and adopted as this Court’s findings in all respects.1
The motions for summary judgment (docket entries #253, #257) are GRANTED. Anderson’s
claims arising prior to September 30, 2008, are DISMISSED, with prejudice. Anderson’s claims
against defendant Ware are DISMISSED, without prejudice. His deliberate indifference and ADA
claims against defendants Anderson, Lytle, and York are DISMISSED, with prejudice. His deliberate
indifference, ADA, and conspiracy claims against defendants Kelley, Hobbs, Naylor, May, Harris,
Magness, and Guntharp are DISMISSED, with prejudice. His retaliation claim against defendants
Kelley, Hobbs, Naylor, May, Harris, Magness, and Guntharp is DISMISSED, without prejudice.
Finally, Anderson’s motion for sanctions (docket entry #263) and motion for order (docket entry
#272) are DENIED, as moot.

1

The Recommendation says that Anderson filed his complaint on September 30, 2011, so all
claims that accrued before September 30, 2008, are barred. Pursuant to the prison mailbox rule,
Anderson’s complaint was deemed filed when he placed it in the prison mailbox system, which
apparently was September 27, 2011. See Document #1. That three-day difference does not affect
the outcome.

IT IS SO ORDERED this 20th day of February, 2013.

__________________________________
UNITED STATES DISTRICT JUDGE