Halfacre v. Correct Care Solutions et al
Filing
46
ORDER approving and adopting in their entirety the 41 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part Defendants' 37 motion for summary judgment; and certifying that an in forma pauperis appeal from an Order adopting these Recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 3/20/2017. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNY HALFACRE, ADC #84410
v.
PLAINTIFF
No. 5:16CV00313-JLH-JJV
CORRECT CARE SOLUTIONS; 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 carefully considering the
objections and making a de novo review of the record, 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.
Defendants’ motion for summary judgment is granted in part and denied in part. Document
#37.
A.
Plaintiff’s claims against defendant Kelley are DISMISSED without prejudice for
failure to exhaust administrative remedies;
B.
Plaintiff’s claims against defendant Correct Care Solutions are limited to incidents
occurring on or after May 25, 2016; and
C.
The motion is denied to the extent grievance VU-16-00665 was not limited to the
chipped tooth repaired on July 18, 2016.
2.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal
from an Order adopting these Recommendations would not be taken in good faith.
SO ORDERED this 20th day of March, 2017.
___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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