Barbee v. Ellis et al

Filing 138

ORDER adopting Proposed Findings and Recommended Disposition; denying as moot defendant Austin's 106 Motion to Compel; granting defendant Austin's 121 Motion for Summary Judgment; plaintiff's claims against Austin are dismissed without prejudice. Signed by Judge J. Leon Holmes on 3/1/16. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SYLVESTER O. BARBEE,
ADC #131311
v.

PLAINTIFF

NO. 5:14CV00265 JLH/JWC

CHERI ELLIS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Jerry W. Cavaneau, and the objections filed. After
carefully considering the objections and making a de novo review of the record in this case, the
Court concludes that the Proposed Findings and Partial Recommended Disposition 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.

Defendant Marie Austin’s motion for summary judgment (docket entry #121) is

GRANTED, and plaintiff’s claims against Austin are DISMISSED WITHOUT PREJUDICE.
2.

Austin’s motion to compel (docket entry #106) is DENIED AS MOOT.

DATED this 1st day of March, 2016.

UNITED STATES DISTRICT JUDGE