Seif v. Kelly et al

Filing 53

ORDER approving and adopting 40 52 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; granting Defendants' 42 motion for summary judgment; granting in part and denying in part Defendants' 45 motion for summary judgment; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 01/08/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JONATHAN SEIF
ADC # 151680
v.

PLAINTIFF
Case No. 5:15-cv-00160-KGB-JJV

WENDY KELLY, Director,
Arkansas Department of Correction; et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommendations (Dkt. No. 40) and
the second Proposed Findings and Recommendations (Dkt. No. 52) submitted by United States
Magistrate Judge Joe J. Volpe. No objections have been filed to either of these Proposed
Findings and Recommendations, and the time for filing objections has passed. After careful
review, the Court concludes that the Proposed Findings and Recommendations (Dkt. No. 40) and
the second Proposed Findings and Recommendations (Dkt. No. 52) 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.

Plaintiff Jonathan Seif’s claims against defendants Karen Page and Joshua

Mayfield are dismissed without prejudice.
2.

Defendants’ motion for summary judgment on exhaustion is granted (Dkt. No.

3.

Mr. Seif’s First Amendment free exercise and Fourteenth Amendment equal

42).

protection claims against defendants Wendy Kelley, Marvin Evans, David White, and John
Wheeler are dismissed without prejudice due to Mr. Seif’s failure to exhaust administrative
remedies.

4.

Defendants’ motion for summary judgment on liability is granted in part and

denied in part (Dkt. No. 45).
A.

Mr. Seif’s First Amendment free exercise and Fourteenth Amendment

equal protection claims against defendants Eddie Selvey and Patrick McCown are dismissed with
prejudice.
B.
5.

The motion is denied as moot in all other respects.

Mr. Seif’s retaliatory transfer claim is dismissed sua sponte and without prejudice

pursuant to Federal Rule of Civil Procedure 12(b)(6).
6.

The Court certifies, 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.
SO ORDERED this 8th day of January, 2016.

____________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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