Halbrook v. Kelley et al

Filing 54

ORDER ADOPTING 52 the proposed findings and recommended disposition; granting 44 47 the Defendants' motions for summary judgment; dismissing this case with prejudice; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 7/7/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHN WAYNE HALBROOK,
ADC # 89420
v.

PLAINTIFF

CASE NO. 5:12CV00114 BSM

WENDY KELLEY, Deputy Assistant Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been receieved, along with the objections thereto. After
carefully considering the objections and making a de novo review of the record in this case,
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’ motions for summary judgment [Doc. Nos. 44, 47] are granted;

2.

This case is dismissed with prejudice;

3.

It is further certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this order would not be taken in good faith.
DATED this 7th day of July 2014.
________________________________
UNITED STATES DISTRICT JUDGE