Huddleston v. Esaw et al

Filing 86

ORDER approving and adopting in their entirety the 85 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part Defendant Esaw's 75 Motion for Summary Judgment; and certifying that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 7/28/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROCKY HUDDLESTON
ADC #652500
v.

PLAINTIFF

5:16CV00059-JLH-JJV

PHILLIP ESAW,
Lieutenant, ADC; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe.

No objections have been filed.

After

careful consideration, the Court concludes that the Proposed Findings and Partial 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:
1.

Defendant Esaw’s Motion for Summary Judgment (Doc. No. 75) is GRANTED IN

PART and DENIED IN PART:
A.

Plaintiff’s claims against Defendant Esaw in his official capacity are

DISMISSED with prejudice on the basis of sovereign immunity;
B.

Plaintiff’s claim against Defendant Esaw in his personal capacity regarding

verbal threats are DISMISSED with prejudice on the basis of qualified immunity;
C.

Plaintiff’s state law claims against Defendant Esaw are DISMISSED with

prejudice pursuant to the statute of limitations; and
D.
2.

The Motion is DENIED in all other respects.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

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appeal from this Order adopting the recommendations would not be taken in good faith.
DATED this 28th day of July, 2017.

_______________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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