Hilburn v. Maples et al

Filing 33

ORDER granting 32 Voluntary Motion to Dismiss Parties. Hilburn's claims against Gatlin and Johnson are dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3). Signed by Judge J. Leon Holmes on 2/18/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JOSHUA A. HILBURN, ADC #145777 v. PLAINTIFF NO. 1:13CV00089 JLH-JTR JOHN MAPLES, Jr., Former Warden, Grimes Unit, ADC, et al. DEFENDANTS ORDER Joshua A. Hilburn has filed a motion stating that he wishes to voluntarily dismiss his claims against Shirley Gatlin and Brandi Johnson because he has not properly exhausted his administrative remedies against them. Document #32. The Court finds good cause for granting that request. Accordingly, the motion for partial voluntary dismissal is granted, and Hilburn’s claims against Gatlin and Johnson are dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 18th day of February, 2014. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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