Wallace v. Kelley et al.

Filing 46

ORDER ADOPTING 43 Partial Report and Recommendations; therefore, 20 Motion for Summary Judgment filed by defts Lay and May is GRANTED; pltf's claims against Lay are dismissed without prejudice and the claims against deft May are dismissed with prejudice; pltf's 34 Motion for Summary Judgment is denied without prejudice. Signed by Judge Susan Webber Wright on 10/3/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BYRON L. WALLACE, ADC #107098 PLAINTIFF 5:13CV00155-SWW-JTK WENDY KELLEY, et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1) The Motion for Summary Judgment filed by Defendants Lay and May(Doc. No. 20) is GRANTED. 2) Plaintiff’s claims against Defendant Lay are DISMISSED without prejudice. 3) Plaintiff’s claims against Defendant May are DISMISSED with prejudice. 4) Plaintiff’s Motion for Summary Judgment (Doc. No. 34) is DENIED without prejudice. IT IS SO ORDERED this 3rd day of October, 2013. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1

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