Willis v. Griffin et al

Filing 45

ORDER adopting 43 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; granting 30 motion for summary judgment on the issue of exhaustion; dismissing without prejudice plaintiff's fai lure to protect claims against Mr. Rayner. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 3/30/2015. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ZACHARY WILLIS, ADC #143271 v. PLAINTIFF Case No. 5:13-cv-00290-KGB-JTR COREY RAYNER, Sergeant, Arkansas Department of Correction DEFENDANT ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 43). No objections have been filed, and the time to file objections has passed. After careful consideration, 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 Corey Rayner’s motion for summary judgment is granted on the issue of exhaustion (Dkt. No. 30). 2. Plaintiff Zachary Willis’s failure to protect claims against Mr. Rayner are dismissed without prejudice. 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. SO ORDERED this 30th day of March, 2015. Kristine G. Baker United States District Judge

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