Pena-Gonzalez v. USA et al, No. 2:2019cv00004 - Document 31 (E.D. Ark. 2020)
Court Description: ORDER adopting 29 proposed findings and recommendations; granting 25 Defendants' motions for summary judgment; dismissing without prejudice Pena-Gonzalez's inadequate medical care claim; dismissing with prejudice his excessive force and assault and battery claims, and dismissing this case. An in forma pauperis appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 4/6/2020. (kdr)
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Pena-Gonzalez v. USA et al Doc. 31 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION NICHOLAS PENA-GONZALEZ Reg. #22198-038 v. PLAINTIFF CASE NO. 2:19-CV-00004 BSM UNITED STATES OF AMERICA, et al. DEFENDANTS ORDER The proposed findings and recommendations (“RD”) from United States Magistrate Judge Joe J. Volpe [Doc. No. 29] has been received, and after carefully reviewing the entire record, the RD is adopted. Defendants’ motion for summary judgment [Doc. No. 25] is granted. Pena- Gonzalez’s inadequate medical care claim is dismissed without prejudice. His excessive force and assault and battery claims are dismissed with prejudice, and this case is dismissed. An in forma pauperis appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 6th day of April 2020. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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