Barbee v. Ellis et al

Filing 45

ORDER adopting 32 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 17 Motion for Summary Judgment. The motion is granted with respect to plaintiff's claims against Smarjesse. Plaintiff's claims against Smarjesse are dismissed without prejudice, and Smarjesse is removed as a party defendant. Signed by Judge J. Leon Holmes on 10/7/2014. (ks)

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

PLAINTIFF

NO: 5:14CV00265 JLH/HDY

CHERI ELLIS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge H. David Young, 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.

The motion for summary judgment filed by defendants Angelika Smarjesse and

Aundrea Weekly is GRANTED IN PART AND DENIED IN PART. Document #17.
2.

The motion is granted with respect to plaintiff’s claims against Smarjesse. Plaintiff’s

claims against Smarjesse are dismissed without prejudice, and Smarjesse is removed as a party
defendant.
3.

The motion is denied in all other respects.

DATED this 7th day of October, 2014.

UNITED STATES DISTRICT JUDGE