May v. Richard et al

Filing 45

ORDER adopting 43 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects. Defendant Unknown, Rehabilitation Program Manager, North Central Unit, ADC is dismissed without prejudice. Defendants&# 039; 24 29 motions for summary judgment are GRANTED. This cause of action is DISMISSED with prejudice. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge J. Leon Holmes on 6/5/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES C. MAY, ADC #137749 v. PLAINTIFF No. 5:13CV00215-JLH-JJV RICHARD, Dr., Arkansas Department of Correction; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe 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. Defendant “Unknown, Rehabilitation Program Manager, North Central Unit, ADC” is dismissed without prejudice. 2. Defendants’ motions for summary judgment are GRANTED. Documents #24, #29. 3. This cause of action is DISMISSED with prejudice. 4. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. IT IS SO ORDERED this 5th day of June, 2014. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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