Roberts v. BeBee et al

Filing 43

ORDER ADOPTING 36 the proposed findings and recommended partial disposition; granting 22 defendants' motion for partial summary judgment; dismissing, without prejudice, all of Roberts's claims against Maroney; dismissing, without preju dice, Roberts's racial discrimination claims against Jackson, Sumner, and Lester; allowing Roberts to proceed with his: (a) racial discrimination claims against Hobbs, Evans, and May; and (b) retaliation claims against Hobbs, Evans, May, Jackson, Sumner, and Lester; 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 11/6/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRUNSON ROBERTS,
ADC #127841
v.

PLAINTIFF
CASE NO. 5:14CV0054 BSM

RAY HOBBS, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge J. Thomas Ray have been received, along with the filed objections.
After carefully considering these documents and making a de novo review of the record, 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.

Defendants’ motion for partial summary judgment [Doc. No. 22] is granted.

2.

All of Roberts’s claims against Maroney are dismissed without prejudice.

3.

Roberts’s racial discrimination claims against Jackson, Sumner, and Lester are

dismissed without prejudice.
4.

Roberts may proceed with his: (a) racial discrimination claims against Hobbs,

Evans, and May; and (b) retaliation claims against Hobbs, Evans, May, Jackson, Sumner, and
Lester.
5.

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.
DATED this 6th day of November 2014.

UNITED STATES DISTRICT JUDGE