Deshazer v. Arkansas, State of et al

Filing 47

ORDER APPROVING AND ADOPTING 33 PARTIAL REPORT AND RECOMMENDATIONS in their entirety in all respects; granting in part and denying in part 18 Motion for Summary Judgment; and certifying that an in forma pauperis appeal taken from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 09/11/2014. (rhm)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENDRA KATRISE DESHAZER, ADC# 707085 v. PLAINTIFF CASE NO: 5:14CV00072 BSM ARKANSAS, STATE OF; et al. DEFENDANTS ORDER The proposed findings and recommended partial disposition submitted by United States Magistrate Judge Joe J. Volpe and the plaintiff’s objections have been reviewed. After careful consideration and 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. Defendant Wendy Kelley’s motion for summary judgment [Doc. No. 18] is granted in part and denied in part; A. Claims against Kelley arising on or after January 9, 2014, are dismissed without prejudice; B. 2. All other claims against Kelley are allowed to proceed; It is further certified that an in forma pauperis appeal taken from this order would not be taken in good faith. DATED this 11th day of September 2014. ________________________________ UNITED STATES DISTRICT JUDGE

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