Brazell v. Ruh et al

Filing 45

ORDER approving and adopting 44 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; directing the Clerk of Court to alter the docket to reflect defendants' proper names; granting 40 motion for summary judgment; dismissing Plaintiff's 2 complaint without prejudice; and certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 05/21/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MICHAEL BRAZELL, Jr.
ADC #500711
v.

PLAINTIFF

Case No. 5:14-cv-00238-KGB-JJV

A. RUH, Lieutenant, Maximum
Security Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by
United States Magistrate Judge Joe J. Volpe (Dkt. No. 44). No objections have been filed, and
the time for filing objections has passed. After careful consideration, the Court concludes that
the Proposed Findings and Recommendations should be, and hereby are, approved and adopted
in their entirety as this Court’s findings in all respects.
It is therefore ordered that:
1.

The Clerk of Court alter the docket to reflect that defendant “A. Ruh” is properly

“Andrew Ruh,” that “C. Strickland” is “Charles Strickland,” that “R. Owens” is “Ricky Owens,”
that “C. Lowery” is “Corey Lowery,” that “W. Straughn” is “William Straughn,” that “S.
Outlaw” is “Steve Outlaw,” and that “M. Williams” is “Maurice Williams.”
2.

Defendants’ motion for summary judgment is granted (Dkt. No. 40).

3.

Plaintiff’s complaint is dismissed without prejudice for failure to exhaust

administrative remedies (Dkt. No. 2).
4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith.

SO ORDERED this the 21st day of May, 2015.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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