Kerr v. Byers et al

Filing 58

ORDER: The Court withdraws the reference. Kerr's 55 , 56 , 57 motions to voluntarily dismiss are dismissed without prejudice. Defendants' 47 and 50 Motions for Summary Judgment, are denied without prejudice as moot. An in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 6/29/2017. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JERRY KERR,
ADC #138631

PLAINTIFF

5:16-cv-243 DPM

v.

JARED BYERS, Assistant Deputy Warden,
Cummins Unit; WILLIAM STRAUGHN,
Head Warden, Cun1mins Unit; and ESTELLA
BLAND, Nurse Practitioner, Cu1n1nins Unit

DEFENDANTS

ORDER
1. The Court w ithdraws the reference.
2. Kerr's motions to voluntarily dismiss, Ng 55, 56 & 57, are granted.
Kerr's con1plaint will be dis missed without prejudice. De fenda nts' n1otio ns
for s ummary judgme nt,, Nf! 47 fr 50, are de nied without p rej udi ce as mool.
An in Jonna pauperis appeal fron1 this Order a nd the accompan y ing Jud g ment

would not be taken in good faith. 28 U.S.C. § 'l915(a)(3).

So Ordered.

o/Cattir/· --United Sta tes Dis trict Judge