Tubbs v. Corizon Inc et al

Filing 174

ORDER adopting 164 the proposed findings and partial recommended disposition; granting 154 Defendants' motion for summary judgment; dismissing, with prejudice, Plaintiff's cell assignment claims as time-barred; dismissing, without prej udice, Plaintiff's excessive work claims against defendants Griffin, Kelley, Beard, Burl, Stewart, and Green-Davis for failure to exhaust administrative remedies; dismissing, with prejudice, Plaintiff's excessive work claims against defendants Lay, Warner, Glover, and Woods; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 8/28/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WILLIAM R. TUBBS,
ADC # 120585
v.

PLAINTIFF

CASE NO. 5:13CV00377-BSM-JJV

CORIZON, INC., et al.

DEFENDANTS
ORDER

The proposed findings and partial recommended disposition submitted by United
States Magistrate Judge Joe J. Volpe and plaintiff’s objections thereto have been received.
After carefully considering the objections and making a de novo review of the record, it is
concluded the proposed findings and partial recommended disposition should be, and hereby
are, approved and adopted in their entirety.
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ motion for summary judgment [Doc. No. 154] is granted.
A.

Plaintiff’s cell assignment claims are dismissed with prejudice as

time-barred.
B.

Plaintiff’s excessive work claims against defendants Griffin, Kelley,

Beard, Burl, Stewart, and Green-Davis are dismissed without prejudice for failure to
exhaust administrative remedies.
C.

Plaintiff’s excessive work claims against defendants Lay, Warner,

Glover, and Woods are dismissed with prejudice.
2.

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

pauperis appeal from this Order would not be taken in good faith.
IT IS SO ORDERED this 28th day of August 2015.

________________________________
UNITED STATES DISTRICT JUDGE