Green v. Burl et al

Filing 60

ORDER approving and adopting in their entirety the 54 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part the 26 ADC Defendants' motion for judgment on t he pleadings; granting the motion with respect to Green's official capacity claims against the ADC Defendants; granting the motion with respect to Westmoreland and dismissing him as a party to this case; denying the motion with respect to Defend ants Burl, Fitzgerald, Jensen, Stout, Miller, Burns, Ridgle, Moore, Clark, and Davis; and certifying that an in forma pauperis appeal taken from the order adopting this recommendation is considered frivolous and not in good faith. Signed by Judge J. Leon Holmes on 11/27/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICKIE GREEN
ADC #117055
V.

PLAINTIFF

NO: 5:17-CV-00074 JLH-PSH

DANNY BURL, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed.
After careful consideration, 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:
1.

The ADC Defendants’ motion for judgment on the pleadings is GRANTED IN

PART and DENIED IN PART. Document #26.
2.

The motion is granted with respect to Green’s official capacity claims against the

ADC Defendants.
3.

The motion is granted with respect to Westmoreland, and he is dismissed as a party

to this case.
4.

The motion is denied with respect to Defendants Burl, Fitzgerald, Jensen, Stout,

Miller, Burns, Ridgle, Moore, Clark, and Davis.
5.

The Court certifies that an in forma pauperis appeal taken from the order adopting

this recommendation is considered frivolous and not in good faith.

DATED this 27th day of November, 2017.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

2