Johnson v. Hubbard et al

Filing 9

ORDER ADOPTING 4 Proposed Findings and Partial Recommended Disposition. Defendants Hubbard, Gay, Lee, Vernon Robertson, Rilley, Lawson, Justine Minor, Weekly, Raymond Naylor and Ray Hobbs are DISMISSED without prejudice. Plaintiff is allowed to proceed only with his claim for excessive force against Defendant James Russell. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 9/24/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
WILBERT LEZELL JOHNSON,
ADC # 84494
v.

PLAINTIFF

1:14CV00107-JM-JJV

HUBBARD, Correctional Officer,
Grimes Unit; et al.

DEFENDANTS
ORDER

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 Hubbard, Gay, Lee, Vernon Robertson, Rilley, Lawson, Justine

Minor, Weekly, Raymond Naylor, and Ray Hobbs are DISMISSED without prejudice;
2.

Plaintiff is allowed to proceed only with his claim for excessive force against

Defendant James Russell;
3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order would not be taken in good faith.
DATED this 24th day of September, 2014.

____________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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