Wallace v. Warner et al

Filing 38

ORDER ADOPTING 36 Partial Report and Recommendations; therefore, defts' 24 Motion for Partial Summary Judgment is granted as to pltf's failure to protect claims against defts Hobbs, May, Lay, Warner, and Tate, and denied in all other re spects; defts Hobbs, May, Lay, Warner, and Tate are dismissed without prejudice; pltf may proceed with his failure to protect, excessive force, equal protection, and cruel and unusual punishment claims against defts Walker and Rayner. Signed by Judge J. Leon Holmes on 9/30/13. (vjt)

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

MARK WARNER, Deputy Assistant Warden,
Cummins Unit, Arkansas Department
of Correction, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully
considering these documents and making a de novo review of the record in this case, the Court
concludes that the Proposed Findings and Recommended Partial 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 partial summary judgment is GRANTED as to plaintiff’s

failure to protect claims against defendants Hobbs, May, Lay, Warner, and Tate; and DENIED in all
other respects. Document #24.
2.

Defendants Hobbs, May, Lay, Warner, and Tate are DISMISSED, WITHOUT

PREJUDICE, because plaintiff has failed to properly exhaust his administrative remedies against
them.
3.

Plaintiff may PROCEED with his failure to protect, excessive force, equal protection,

and cruel and unusual punishment claims against defendants Walker and Rayner.

4.

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 30th day of September, 2013.

UNITED STATES DISTRICT JUDGE