Simmons v. Rhodes et al

Filing 46

ORDER adopting 38 the proposed findings and recommended partial disposition; denying 23 plaintiff's motion for summary judgment; and certifying that an in forma pauperis appeal of this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 1/6/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES H. SIMMONS,
ADC #135731
v.

PLAINTIFF

CASE NO: 5:14CV00081 BSM

CAMRON RHODES, Correctional Officer,
Arkansas County Detention Center, et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge J. Thomas Ray and plaintiff’s objections thereto have been reviewed.
After careful consideration of these documents 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.

Plaintiff’s motion for summary judgment [Doc. No. 23] is denied.

2.

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

appeal of this order would not be taken in good faith.
IT IS SO ORDERED this 6th day of January 2015.
________________________________
UNITED STATES DISTRICT JUDGE