Harp v. Norris et al

Filing 46

ORDER adopting 45 partial recommended disposition; directing the Clerk of Court to alter the docket to reflect that defendant S. Baker is Shay Baker; granting Defendants' 42 motion for summary judgment; dismissing Harp's claims against defendants James Gibson, Shamone McPhadden, Ladarius Williams, and Larry Manning without prejudice; dismissing Harp's claims against defendant Shay Baker with prejudice; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 05/04/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TONY A. HARP,
ADC # 139721

PLAINTIFF

v.

CASE NO. 5:15CV00067 BSM

LARRY NORRIS, Director, Arkansas
Department of Correction; et al.

DEFENDANTS

ORDER
The partial recommended disposition submitted by United States Magistrate Judge Joe
J. Volpe has been reviewed. No objections have been filed. After careful consideration, the
partial recommended disposition is hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

The Clerk of Court alter the docket to reflect that defendant “S. Baker” is
“Shay Baker.”

2.

Defendants’ motion for summary judgment [Doc. No. 42] is granted.
A.

Harp’s

claims against

defendants

James

Gibson,

Shamone

McPhadden, Ladarius Williams, and Larry Manning are dismissed
without prejudice due to Harp’s failure to exhaust administrative
remedies against them.
B.

Harp’s claims against defendant Shay Baker are dismissed with
prejudice.

3.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order would not be taken in good faith.
IT IS SO ORDERED this 4th day of May 2016.

__________________________________
UNITED STATES DISTRICT JUDGE