McCroskey v. Kelley et al

Filing 55

ORDER adopting the Proposed Findings and Recommended Disposition 53 submitted by United States Magistrate Judge Patricia S. Harris; the motion for summary judgment on exhaustion filed by defendants Marvin Evans, James Gibson, Chuck Gladden and Wend y Kelley 34 is denied; defendants' motion for summary judgment on the merits 45 is granted and plaintiff Jerry H. McCroskey's complaint is dismissed with prejudice; 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 Billy Roy Wilson on 6/6/16. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JERRY H. MCCROSKEY
ADC #72796
VS.

PLAINTIFF

5:15CV00229 BRW

WENDY KELLY, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Patricia S. Harris, and the objections filed. After carefully
considering the objections and making a de novo review of the record in this case, the Court
adopts and approves the Proposed Findings and Recommended Disposition in their entirety.
The motion for summary judgment on exhaustion filed by defendants Marvin Evans,
James Gibson, Chuck Gladden, and Wendy Kelley (Doc. No. 34) is DENIED.
Defendants’ motion for summary judgment on the merits (Doc. No. 45) is GRANTED,
and plaintiff Jerry H. McCroskey’s complaint is DISMISSED WITH PREJUDICE.
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.
IT IS SO ORDERED this 6th day of June, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE