Ferrell v. Kelley et al, No. 4:2020cv00035 - Document 82 (E.D. Ark. 2021)

Court Description: ORDER adopting 17 Proposed Findings and Recommendations; adopting 75 Proposed Findings and Recommendations; granting 60 motion for summary judgment; dismissing with prejudice Mr. Ferrell's retaliation claims against defendants Jared Byers, James Gibson, and Charlotte Jones; certifying that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith; denying as moot 79 motion for status update; granting 80 motion for copies; directing the Clerk of Court to mail Mr. Ferrell a copy of the docket sheet in this case; and denying as moot 81 Mr. Ferrell's motion for Rule 41.1 notice of settlement or court order jury trial date. Signed by Judge Kristine G. Baker on 8/6/2021. (jbh)

Download PDF
Ferrell v. Kelley et al Doc. 82 Case 4:20-cv-00035-KGB Document 82 Filed 08/06/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION DAVID FERRELL, ADC #105996 v. PLAINTIFF Case No. 4:20-cv-00035-KGB-JJV WENDY KELLEY, Director/Superintendent, Arkansas Division of Correction, et al. DEFENDANTS ORDER Pending before the Court are Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe on February 4, 2020 (Dkt. No. 17), Proposed Findings and Recommendations submitted by Judge Volpe on January 19, 2021 (Dkt. No. 75), a motion for status update (Dkt. No. 79), a motion for copies (Dkt. No. 80), and a motion for Rule 41.1 notice of settlement or court order jury trial date (Dkt. No. 81). The Court rules as follows. I. February 4, 2020, Proposed Findings and Recommendations The Court has reviewed the Proposed Findings and Recommendations submitted by Judge Volpe on February 4, 2020 (Dkt. No. 17). No party filed objections to Judge Volpe’s Proposed Findings and Recommendations, and the time to do so has passed. After careful review, the Court adopts the Proposed Findings and Recommendations in their entirety as this Court’s findings in all respects (Dkt. No. 21). II. January 19, 2021, Proposed Findings and Recommendations The Court has also reviewed the Proposed Findings and Recommendations submitted by Judge Volpe on January 19, 2021 (Dkt. No. 75). Plaintiff David Ferrell filed a motion to proceed and reply to defendant’s reply on summary judgment and a motion to reply on summary judgment, which this Court interprets as Mr. Ferrell’s objections to the Proposed Findings and Dockets.Justia.com Case 4:20-cv-00035-KGB Document 82 Filed 08/06/21 Page 2 of 2 Recommendations (Dkt. Nos. 77, 78). In his objections, Mr. Ferrell reasserts arguments which he previously made in his response to defendants’ motion for summary judgment (Dkt. No. 64). After conducting a de novo review of the record in this case, this Court adopts Judge Volpe’s Proposed Findings and Recommendations in their entirety as this Court’s findings in all respects. Accordingly, the Court grants defendants’ motion for summary judgment (Dkt. No.60) and dismisses with prejudice Mr. Ferrell’s retaliation claims against defendants Jared Byers, James Gibson, and Charlotte Jones. 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. III. Remaining Pending Motions The Court denies as moot Mr. Ferrell’s motion for status update (Dkt. No. 79). The Court grants Mr. Ferrell’s motion for copies and directs the Clerk of Court to mail to Mr. Ferrell a copy of the docket sheet in this case (Dkt. No. 80). The Court denies as moot Mr. Ferrell’s motion for Rule 41.1 notice of settlement or court order jury trial date (Dkt. No. 81). So ordered this 6th day of August, 2021. ____________________________________ Kristine G. Baker United States District Judge 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.