IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

GARY LYNN CONLEY ADC #163989 PLAINTIFF

v. No. 4:22-cv-353-DPM-ERE

DEXTAR PAYNE, Director, ADC DEFENDANT

ORDER 1. On de novo review, the Court adopts Magistrate Judge Ervin’s partial recommendation, Doc. 20, and overrules Payne’s objections, Doc. 22. Fed. R. Civ. P. 72(b)(3). The Court has considered Conley’s responding paper, Doc. 21. This case is closer to Hammett than Burns. Compare Hammett v. Cofield,

(8th Cir. 2012) (per curiam), with Burns v. Eaton,

(8th Cir. 2014). Payne’s motion for summary judgment, Doc. 16, is denied. 2. On de novo review, the Court adopts Magistrate Judge Ervin’s partial recommendation, Doc. 26, and overrules Conley’s objections, Doc. 30. Fed. R. Civ. P. 72(b)(3). Conley’s motions for summary judgment, Doc. 23 & 24, are denied. His embedded motion for a stay is denied as moot. 3. The defendant’s name is Dexter Payne. The Court directs the Clerk to update the docket. So Ordered.

D.P. Marshall Jr. United States District Judge 2 February 2023

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