Lewis v. Franklin

Filing 37

ORDER Adopting 33 Partial Report and Recommendations. Lewis' 26 Motion for Summary Judgment is denied, without prejudice. Defendants' 20 Motion for summary judgment is granted, and Lewis' claims against Defendant Collins are dismissed without prejudice. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 1/9/2018. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JERMAIN D. LEWIS ADC #161312 v. PLAINTIFF No: 5:17-cv-00166 JM-PSH ELIZABETH FRANKLIN, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, 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. Lewis’ motion for summary judgment (Doc. No. 26) is DENIED without prejudice. 2. Defendants’ motion for summary judgment (Doc. No. 20) is GRANTED, and Lewis’ claims against Defendant Collins are dismissed without prejudice. 3. The Court certifies that an in forma pauperis appeal taken from the order and judgment dismissing this action is considered frivolous and not in good faith. DATED this 9th day of January, 2018. _______________________________ UNITED STATES DISTRICT JUDGE

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