Coe v. White et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 pltf's claims against defts David White, Eddy Selvey, and Patrick McCowan are dismissed without prejudice for failure to state a claim upon which relief may be granted, and they are dismissed as defts; the Court certifies, that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 4/21/15. (tjb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JOHN DAVID COE, ADC # 652804 v. PLAINTIFF No. 1:15CV00037-JLH-JJV DAVID WHITE, Warden, North Central Unit, ADC; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and 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 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. Plaintiff’s claims against Defendants David White, Eddy Selvey, and Patrick McCowan are DISMISSED without prejudice for failure to state a claim upon which relief may be granted, and they are dismissed as defendants. 2. 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. SO ORDERED this 21st day of April, 2015. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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