Finley v. Baumgardner et al, No. 1:2015cv00131 - Document 78 (E.D. Ark. 2017)

Court Description: ORDER adopting 77 Proposed Findings and Recommendations. Defendant Baumgardner's 73 Motion for Summary Judgment on liability is granted. Plaintiff's 14 Amended Complaint is dismissed with prejudice. The Court certifies that an in forma pauperis appeal would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/7/2017. (mcz)
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Finley v. Baumgardner et al Doc. 78 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CLAUDE EDWARD FINLEY v. PLAINTIFF 1:15CV00131-JM J. BAUMGARDNER, Sergeant, North Central Unit; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, 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. Defendant Baumgardner’s Motion for Summary Judgment on Liability (Doc. No. 73) is GRANTED. 2. Plaintiff’s Amended Complaint (Doc. No. 14) is DISMISSED WITH PREJUDICE. 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. DATED this 7th day of March, 2017. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com