Paxton v. McBride et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
IRIS McBRIDE, Corporal,
Barbara Ester Unit; et al.
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe and Plaintiff=s Objections.
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:
Defendants’ Motion for Summary Judgment (Doc. No. 59) is GRANTED.
Plaintiff’s remaining claims against Defendants McBride, Evans, Gray, and Malone
are DISMISSED without prejudice for failure to exhaust 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 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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?