Murray v. Hobbs et al

Filing 42

ORDER adopting Magistrate Judge's 39 Proposed Findings and Recommendations. Defendants' 28 Motion for Summary Judgment is granted; Murray's 2 Complaint as to Parker and Sell is dismissed without prejudice; Complaint as to Hobbs and Kelly is dismissed with prejudice. All pending motions are denied as moot. The Court certifies that an in forma pauperis appeal would be frivolous and not in good faith. Signed by Judge D. P. Marshall Jr. on 10/5/2012. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROLAND M. MURRAY
ADC # 90500

v.

PLAINTIFF

No. 5:11-cv-333-DPM-HDY

RAY HOBBS, et al.

DEFENDANTS
ORDER

The Court has considered Magistrate Judge H. David Young's Proposed
Findings and Recommendations, Document No. 39. No one has objected.
Having reviewed for clear errors of fact on the face of the record, FED. R. Crv.
P. 72(b) (Advisory Committee notes to the 1983 addition), and for legal error,
the Court adopts the proposal as its own.
The Defendants' motion for summary judgment, Document No. 28, is
granted. Murray's complaint as to Parker and Sell is dismissed without
prejudice, as Murray concedes, for no exhaustion. Murray's complaint as to
Hobbs and Kelly is dismissed with prejudice. All pending motions are denied
as moot. The Court certifies that an in forma pauperis appeal from this Order
and the accompanying Judgment would be frivolous and not in good faith.

So Ordered.

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D.P. Marshall Jr.
United States District Judge
5 October 2012

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