Wallace v. Warner et al

Filing 83

ORDER adopting 80 Proposed Findings and Recommended Partial Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 59 Motion for Summary Judgment. Plaintiff's excessive force, equal protection, cruel and unusual punishment, and official capacity claims for monetary damages are DISMISSED with prejudice. Plaintiff's claims for failure to protect against defendants Rayner and Walker are allowed to proceed. The defendants' request for an extension of the dispositive motion deadline must be presented to Judge Ray. The Court certifies that an in forma pauperis appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 10/15/2014. (ks)

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 Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray and the 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 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 Summary Judgment be GRANTED in part and DENIED in

part. Document #59.
2.

Plaintiff’s excessive force, equal protection, cruel and unusual punishment, and

official capacity claims for monetary damages be DISMISSED with prejudice.
3.

Plaintiff’s claims for failure to protect against defendants Rayner and Walker be

allowed to proceed. The defendants’ request for an extension of the dispositive motion deadline
must be presented to Judge Ray.
4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal would not be taken in good faith.
DATED this 15th day of October, 2014.
___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE