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Splunge v. Smith

United States District Court, E.D. Arkansas, Western Division

June 16, 2015

JOSEPH BENARD SPLUNGE, Plaintiff,
v.
COLBY SMITH, Correctional Officer, White County Detention Center; et al., Defendants.

ORDER

SUSAN WEBBER WRIGHT, District Judge.

The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial Recommended 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 Partial Summary Judgment (Doc. No. 12) is GRANTED;
A. All claims against Defendant James McCoy are DISMISSED with prejudice; B. Plaintiff's official capacity claims against Defendant Colby Smith are

DISMISSED with prejudice.

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


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