Buck v. Kelly et al

Filing 15

ORDER adopting 12 the partial recommended disposition; dismissing, without prejudice, Buck's official capacity § 1983 claims against defendants Reichard, Nance, Shock, and Kelley; dismissing, with prejudice, Buck's state medical malpractice claim against Kelley; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 5/23/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
LARRY L. BUCK
ADC #153905
v.

PLAINTIFF

CASE NO. 1:16-CV-00026 BSM

WENDY KELLEY, Former ADC Deputy Director
of Health and Correctional Programs, et al.

DEFENDANTS

ORDER
The partial recommended disposition (“PRD”) submitted by United States Magistrate
Judge J. Thomas Ray [Doc. No. 12] has been reviewed. No objections have been filed.
After reviewing the record, the PRD is adopted.
Accordingly, Buck’s official capacity § 1983 claims against defendants Reichard,
Nance, Shock, and Kelley are dismissed, without prejudice.

Buck’s state medical

malpractice claim against Kelley is dismissed, with prejudice. It is certified that an in forma
pauperis appeal from this order would not be taken in good faith.
IT IS SO ORDERED this 23rd day of May 2016.

UNITED STATES DISTRICT JUDGE