Kennedy v. Kelley et al

Filing 12

ORDER adopting 10 Proposed Findings and Recommended Disposition; petitioner's cause of action is dismissed without prejudice; the Motion for Temporary Restraining Order 4 is denied; the Motion for Summary Judgment 5 is denied; and respondents' Motion to Dismiss is denied 8 . Signed by Judge J. Leon Holmes on 2/11/16. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JEREMY KENNEDY,
ADC #093061
V.

PETITIONER

5:15CV00367-JLH

WENDY KELLEY, Director,
Arkansas Department of Correction, et al.

RESPONDENTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Petitioner’s objections. After carefully
considering the objections and making a de novo review of the record, 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 Petitioner’s cause of action is DISMISSED without
prejudice; the Motion for Temporary Restraining Order (Doc. No. 4) is DENIED, the Motion for
Summary Judgment (Doc. No. 5) is DENIED; and Respondents’ Motion to Dismiss is DENIED
(Doc. No. 8).
SO ORDERED this 11th day of February, 2016.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE