Franklin v. Sutton et al, No. 5:2018cv00160 - Document 32 (E.D. Ark. 2020)

Court Description: ORDER adopting 31 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects. The Court grants 27 Motion for summary judgment. The Court dismisses with prejudice the failure to protect claim against Mr . Sutton as alleged in Mr. Franklin's 4 amended complaint. The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 2/10/2020. (jak)

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Franklin v. Sutton et al Doc. 32 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION STACEY D. FRANKLIN ADC # 153268 v. PLAINTIFF Case No. 5:18-cv-00160-KGB SUTTON, Corporal, Barbara Ester Unit, et al., DEFENDANTS ORDER Before the Court are the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 31). Plaintiff Stacey D. Franklin has filed no objections, and the time to file 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 (Id.). Accordingly, the Court grants defendant Trevor M. Sutton’s motion for summary judgment (Dkt. No. 27). The Court dismisses with prejudice the failure to protect claim against Mr. Sutton as alleged in Mr. Franklin’s amended complaint (Dkt. No. 4). The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this Order would not be taken in good faith. So ordered this 10th day of February, 2020. _______________________________ Kristine G. Baker United States District Judge Dockets.Justia.com

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