Ainley v. Perkins

Filing 28

ORDER adopting the proposed findings and recommended disposition; granting 14 Defendant's motion for summary judgment and dismissignn plaintiff's complaint without prejudice; denying Plaintiff's motion for summary judgment. Signed by Judge Brian S. Miller on 5/4/12. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TONY CURTIS AINLEY, JR., ADC #140402
v.

PLAINTIFF

CASE NO. 5:11CV00282 BSM/HDY

BRIAN T. PERKINS, Shift Supervisor,
Varner Unit, Arkansas Department of Correction

DEFENDANT

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge H. David Young have been reviewed. No objections were filed. After
carefully considering this document 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.

Defendant’s motion for summary judgment [Doc. No. 14] is GRANTED, and

plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE.
2.

Plaintiff’s motion for summary judgment [Doc. No. 22] is DENIED.

3.

It is certified 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 4th day of May 2012.
________________________________
UNITED STATES DISTRICT JUDGE