Patric v. Kelley et al

Filing 54

ORDER adopting 53 Recommendation in its entirety as this Court's findings in all respects; granting in part and denying in part 28 40 motions for summary judgment. Patterson's failure to protect claims against Kelley and Watson are d ismissed without prejudice. Patterson may proceed with his failure to protect claims against Mazzanti, Bankston, Simpson, Andrews, Bradley, and Bolden. 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. Signed by Judge J. Leon Holmes on 10/2/2015. (ks)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PATRIC PATTERSON, ADC #107498
v.

PLAINTIFF

No. 5:15CV00075 JLH/JTR

WENDY KELLEY,
Deputy Director, ADC, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray and the filed objections. After carefully considering these documents and making
a de novo review of the record in this case, the Recommendation is approved and adopted in its
entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendants’ motions for summary judgment are granted in part and denied in part.

Documents #28 and #40.
2.

Patterson’s failure to protect claims against Kelley and Watson are dismissed without

prejudice.
3.

Patterson may proceed with his failure to protect claims against Mazzanti, Bankston,

Simpson, Andrews, Bradley, and Bolden.
4.

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.
DATED this 2nd day of October, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE