Paxton v. McBride et al

Filing 109

ORDER Adopting 86 Report and Recommendations. Defendants' 59 Motion for Summary Judgment is granted. Plaintiff's remaining claims against Defendants McBride, Evans, Gray and Malone are dismissed without prejudice for failure to exhaus t administrative remedies. Plaintiff's cause of action is dismissed. 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. Signed by Judge J. Leon Holmes on 3/12/2018. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BARRY PAXTON ADC #660117 v. PLAINTIFF 5:17CV00293-JLH IRIS McBRIDE, Corporal, Barbara Ester 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. IT IS, THEREFORE, ORDERED that: 1. Defendants’ Motion for Summary Judgment (Doc. No. 59) is GRANTED. 2. Plaintiff’s remaining claims against Defendants McBride, Evans, Gray, and Malone are DISMISSED without prejudice for failure to exhaust administrative remedies. 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 these 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 1

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