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Wallace v. Walker

United States District Court, E.D. Arkansas, Pine Bluff Division

October 15, 2014

BYRON L. WALLACE, ADC #107098, Plaintiff,
v.
CHARLES WALKER, Correctional Officer, Cummins Unit, Arkansas Department of Correction, et al., Defendants.

ORDER

J. LEON HOLMES, District Judge.

The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the plaintiff's objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Recommended Partial Disposition 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. Defendants' Motion for Summary Judgment be GRANTED in part and DENIED in part. Document #59.

2. Plaintiff's excessive force, equal protection, cruel and unusual punishment, and official capacity claims for monetary damages be DISMISSED with prejudice.

3. Plaintiff's claims for failure to protect against defendants Rayner and Walker be allowed to proceed. The defendants' request for an extension of the dispositive motion deadline must be presented to Judge Ray.

4. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith.


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