Scott v. Burl et al

Filing 79

ORDER approving and adopting in their entirety 77 Proposed Findings and Recommended Disposition as this Court's findings in all respects; granting 68 defendants' motion for summary judgment; dismissing with prejudice plaintiff's r emaining claims against defendants Brown, Watson, Budnik, Bolden, Stephens, Washington, Kelley, Reed, Jackson, Harris, and Hobbs, except that his negligence claims are dismissed without prejudice; dismissing plaintiff's cause of action; and certifying that an in forma pauperis appeal from this Order adopting the recommendations and the accompanying Judgment would not be taken in good faith. Signed by Judge J. Leon Holmes on 3/12/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEVERICK SCOTT, ADC #131042
v.

PLAINTIFF
No. 5:16CV00327-JLH-JJV

DANNY BURL, Warden,
Tucker Max Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and 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 Recommended Disposition should be, and hereby are, approved and
adopted in their entirety as this Court's findings in all respects. Document #77.
IT IS, THEREFORE, ORDERED that:
1.

Defendants’ motion for summary judgment is GRANTED. Document #68.

2.

Plaintiff’s remaining claims against defendants Brown, Watson, Budnik, Bolden,

Stephens, Washington, Kelley, Reed, Jackson, Harris, and Hobbs are DISMISSED WITH
PREJUDICE, except that his negligence claims are DISMISSED WITHOUT PREJUDICE.
3.

Plaintiff’s cause of action is DISMISSED.

4.

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

appeal from this Order adopting the recommendations and the accompanying Judgment would not
be taken in good faith.
DATED this 12th day of March, 2018.
__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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