Haynes v. Taylor

Filing 34

ORDER Adopting 29 and 33 Recommended Dispositions in their entirety as this Court's findings in all respects. David Taylor's 20 Motion for Partial Summary Judgment is granted. Mr. Taylor's motion for judgment on the pleadings 26 is denied as moot. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/25/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES KELLEY HAYNES, SR.
ADC #083056
v.

PLAINTIFF

Case No. 5:16-cv-00240 KGB/JTR

DAVID TAYLOR,
Bus Factory Supervisor, ADC

DEFENDANT
ORDER

Before the Court are a Recommended Partial Disposition and Recommended Disposition
filed by United States Magistrate Judge J. Thomas Ray (Dkt. Nos. 29, 33). No objections have
been filed, and the time for filing objections has passed. After careful review of the Partial
Recommended Disposition and the Recommended Disposition, the Court adopts both in their
entirety as this Court’s findings in all respects.
Therefore, defendant David Taylor’s motion for partial summary judgment is granted (Dkt.
No. 20), and plaintiff James Kelley Haynes’s retaliation and free exercise of religion claims are
dismissed without prejudice due to lack of exhaustion. Mr. Haynes’s racial discrimination claim
against Mr. Taylor is dismissed without prejudice due to a lack of prosecution. Mr. Taylor’s
motion for judgment on the pleadings is denied as moot (Dkt. No. 26). The Court certifies that an
in forma pauperis appeal from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So ordered this 25th day of August, 2017.
________________________________
Kristine G. Baker
United States District Judge