Gardner v. Davis-Peppers et al

Filing 32

ORDER approving and adopting 31 proposed findings and recommended partial disposition in all respects; granting McDowell's and Kelley's motions for summary judgment 20 and 23 ; and dismissing without prejudice Gardner's claims against them. Signed by Chief Judge Brian S. Miller on 9/30/2014. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WALLACE A. GARDNER,
ADC #110784
v.

PLAINTIFF

CASE NO. 5:13CV00353 BSM

SONYA DAVIS-PEPPERS,
Doctor, Maximum Security Unit, ADC, et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge J. Thomas Ray have been reviewed. No objections have been filed.
After careful consideration, it is concluded that the proposed findings and recommended
partial disposition should be, and hereby are, approved and adopted in their entirety in all
respects.
IT IS THEREFORE ORDERED that:
1.

McDowell's and Kelley's motions for summary judgment [Docs. No. 20 & 23]

are granted and Gardner's claims against them are dismissed without prejudice.
2.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order would be considered frivolous and not in good faith.
Dated this 30th day of September 2014.

________________________________
UNITED STATES DISTRICT JUDGE