Wallace v. Warner et al

Filing 107

ORDER ADOPTING 104 Report and Recommendations. Defendants' 88 Motion for Summary Judgment is granted. Plaintiff's failure to protect claims against Rayner and Walker are dismissed with prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 2/9/2015. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BYRON L. WALLACE ADC #107098 v. PLAINTIFF No. 5:13CV00068 JLH/JTR CHARLES WALKER, Correctional Officer, Cummins Unit, Arkansas Department of Correction, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Thomas J. Ray and plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, 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. Defendants’ motion for summary judgment is granted. Document #88. 2. Plaintiff’s failure to protect claims against defendants Rayner and Walker are dismissed with prejudice. 3. The Court certifies, 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 9th day of February, 2015. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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