Schwarm v. Hubbard et al

Filing 78

ORDER ADOPTING 75 Proposed Findings and Recommended Disposition. The 64 Motion for Summary Judgment filed by Defendants Connie Hubbard and William Kirk is GRANTED. Plaintiff's 2 Complaint is DISMISSED WITH PREJUDICE as to his claims ag ainst Hubbard and Kirk, and DISMISSED WITHOUT PREJUDICE in all other respects. 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. Signed by Judge James M. Moody Jr. on 4/15/2015. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BRIAN SCOTT SCHWARM
ADC #154761
V.

PLAINTIFF

NO: 5:14CV00276 JM

CONNIE HUBBARD 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 Connie Hubbard and William

Kirk (docket entry #64) is GRANTED, and Plaintiff’s complaint is DISMISSED.
2.

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

against Hubbard and Kirk.
3.

Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE in all other respects.

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 15th day of April, 2015.

UNITED STATES DISTRICT JUDGE