Baker v. Robertson et al

Filing 11

ORDER approving and adopting the 5 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; dismissing without prejudice Defendants Reed and Smarjesse; dismissing without prejudice Plaintiff's claims regarding his grievances; and certifying that pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 1/4/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEE BAKER, ADC #550939

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Plaintiff
v.
ROBERTSON, Building Major/Security,
Cummins Unit, ADC; et al.
Defendants

No. 5:16CV00375-SWW-JJV

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.1
IT IS, THEREFORE, ORDERED that:
1.

Defendants Reed and Smarjesse are DISMISSED without prejudice.

2.

Plaintiff’s claims regarding his grievances are DISMISSED without prejudice.

3.

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.
IT IS SO ORDERED this 4th day of January, 2017.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

With his objections, Plaintiff argues that Defendant Smarjesse should not be dismissed
because she was informed, by way of an interview request submitted on October 10, 2016, that he
was being bullied. These new allegations fail to show that Smarjesse was aware that he faced a risk
of attack by another inmate and that Smarjesse was deliberately indifferent to his right to be free of
violent attacks by other inmates.