Barbee v. Ellis et al

Filing 160

ORDER approving and adopting in their entirety the 158 Proposed Findings and Recommended Disposition as this Court's findings in all respects; granting Defendants Cheri Ellis and Aundrea Weekly's 100 motion for summary judgment; dismis sing with prejudice Plaintiff's complaint with respect to his claims against Ellis and Weekly, and dismissing without prejudice in all other respects; denying as moot all other pending motions; and certifying that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge J. Leon Holmes on 6/6/2016. (ljb)

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

PLAINTIFF

NO: 5:14CV00265 JLH

CHERI ELLIS et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and 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 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.

The motion for summary judgment filed by Defendants Cheri Ellis and Aundrea

Weekly (docket entry #100) is GRANTED, and Plaintiff’s complaint is DISMISSED.
2.

Plaintiff’s complaint is DISMISSED WITH PREJUDICE with respect to his claims

against Ellis and Weekly, and DISMISSED WITHOUT PREJUDICE in all other respects.
3.

All other pending motions are DENIED AS MOOT.

4.

The Court certifies that an in forma pauperis appeal taken from the order and

judgment dismissing this action is considered frivolous and not in good faith.
DATED this 6th day of June, 2016.

UNITED STATES DISTRICT JUDGE