Harbison v. Kimble et al, No. 3:2013cv00166 - Document 38 (E.D. Ark. 2015)

Court Description: ORDER adopting 37 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects. The Court grants Justin Kimble's motion for summary judgment, 33 , and dismisses Plaintiff Ricky Lee Harbison's comp laint. Mr. Harbison's complaint is dismissed without prejudice with respect to his claims against the Poinsett County Detention Center and the Poinsett County Sheriff Department and is dismissed with prejudice with respect to his claims against Mr. Kimble. The Court certifies that an in forma pauperis appeal taken from the Order and Judgment dismissing this action is considered frivolous and not in good faith. Signed by Judge Kristine G. Baker on 5/20/2015. (jak)

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Harbison v. Kimble et al Doc. 38 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION RICKY LEE HARBISON v. PLAINTIFF Case No. 3:13-cv-00166-KGB/HDY JUSTIN KIMBLE, et al. DEFENDANT ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge H. David Young (Dkt. No. 37). No objections have been filed, and the time for filing objections has passed. After careful consideration, the Court concludes that the Proposed Findings and 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. The Court grants defendant Justin Kimble’s motion for summary judgment (Dkt. No. 33) and dismisses plaintiff Ricky Lee Harbison’s complaint. 2. Mr. Harbison’s complaint is dismissed without prejudice with respect to his claims against the Poinsett County Detention Center and the Poinsett County Sheriff Department and is dismissed with prejudice with respect to his claims against Mr. Kimble. 3. The Court certifies that an in forma pauperis appeal taken from the Order and Judgment dismissing this action is considered frivolous and not in good faith. SO ORDERED this the 20th day of May, 2015. ______________________________ Kristine G. Baker United States District Judge Dockets.Justia.com

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