Deshazer v. Arkansas, State of et al

Filing 59

ORDER ADOPTING 55 the proposed findings and partial recommended disposition; directing the clerk to alter the docket to reflect that defendant "Wendy Kelly" is appropriately "Wendy Kelley;" granting 49 the motion for summary j udgment; dismissing, with prejudice, defendants John Byus and Wendy Kelley; and certifying that an in forma pauperis appeal from the order and judgment dismissing this action would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/18/2014. (kdr)

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

STATE OF ARKANSAS 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 reviewed.
After careful consideration of the objections and a de novo review of the record, it is
concluded that the proposed findings and partial recommended disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

The clerk is directed to alter the docket to reflect that defendant “Wendy Kelly”

is appropriately “Wendy Kelley.”
2.

The motion for summary judgment filed by defendants John Byus and Wendy

Kelley [Doc. No. 49] is granted;
3.

Defendants John Byus and Wendy Kelley are dismissed with prejudice;

4.

It is certified that an in forma pauperis appeal from the order and judgment

dismissing this action would not be taken in good faith.
IT IS SO ORDERED this 18th day of December 2014.
________________________________
UNITED STATES DISTRICT JUDGE