Wilburn v. Mansfield et al, No. 2:2015cv00176 - Document 49 (E.D. Ark. 2017)

Court Description: ORDER Adopting 28 and 44 Proposed Findings and Recommendations. Defendants' 34 Motion for Summary Judgment is granted, and this cause of action is dismissed with prejudice. The Court certifies that an in forma pauperis appeal from this Order and the accompanying judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 8/25/2017. (mcz)
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Wilburn v. Mansfield et al Doc. 49 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION BILLY V. WILBURN ADC #109415 v. PLAINTIFF Case No. 2:15-cv-00176 KGB/JJV MELISSA K. MANSFIELD, Nurse, Arkansas Department of Correction, et al. DEFENDANT ORDER The Court has received two Proposed Findings and Recommendations (“Recommendations”) from United States Magistrate Judge Joe J. Volpe (Dkt. Nos. 28, 44). Plaintiff Billy V. Wilburn has filed objections to one of the Recommendations, but he has not filed objections to the other (Dkt. No. 48). After careful review of the Recommendations and the objections thereto, as well as a de novo review of the record, the Court concludes that the Recommendations 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. Mr. Wilburn’s claims against defendant Pittman are dismissed without prejudice. 2. Defendants’ motion for summary judgment is granted, and this cause of action is dismissed with prejudice (Dkt. No. 34). 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying judgment would not be taken in good faith. Dockets.Justia.com So ordered this 25th day of August, 2017. ________________________________ Kristine G. Baker United States District Judge 2