Williams v. Budnik

Filing 51

ORDER approving and adopting 46 Proposed Findings and Partial Recommended Disposition as its findings in all respects; granting in part and denying in part Defendants' 43 Motion for Summary Judgment; dismissing Defendant Washington without prejudice; certifying that an in forma pauperis appeal from this Order would not be taken in good faith; and directing Plaintiff to stop filing discovery with the Court. Signed by Judge Billy Roy Wilson on 08/16/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK ANTONIO WILLIAMS,
ADC # 141529
VS.

PLAINTIFF

5:16CV00086-BRW-JJV

C. BUDNIK, Warden,
Varner Supermax; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After
considering the objections and making a de novo review of the record, the Court approves and
adopts Proposed Findings and Partial Recommended Disposition as its findings in all respects.
Accordingly, Defendants’ Motion for Summary Judgment (Doc. No. 43) is GRANTED
IN PART and DENIED IN PART. The Motion is GRANTED with regard to grievances
VSM16-01029, VSM16-01102, VSM16-01272, VSM16-00786, VSM16-00335, VSM16-00336,
and VSM16-00482. The Motion is DENIED with regard to Grievance VSM16-00481.
Defendant Washington is DISMISSED from this cause of action without prejudice.
The case will proceed against Defendant Budnik.
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.
Plaintiff is directed to stop filing discovery with the Court; instead he should send his
discovery requests directly Defendant’s counsel.
IT IS SO ORDERED this 16th day of August, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
1