Hudson v. Reichard et al

Filing 8

ORDER adopting as supplemented 7 recommendation. Hudson's claims against ADC are dismissed with prejudice. An in forma pauperis appeal from this Order would not be taken in good faith. This case is returned to Magistrate Judge Harris for further proceedings. Signed by Judge D. P. Marshall Jr. on 8/30/2016. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION ROY HUDSON ADC #156270 v. PLAINTIFF No. 1:16-cv-91-DPM-PSH REICHARD, Doctor, Grimes Unit; SIMMIONS, APN, Grimes Unit; CHARLES LIGGETT, Doctor, Ouchita River Unit; GATLIN, Ms, Grimes Unit; and ARKANSAS DEPARTMENT OF CORRECTION, Grimes Unit DEFENDANTS ORDER Unopposed recommendation, NQ 7, adopted as supplemented. FED. R. CIV. P. 72(b) (1983 addition to advisory committee notes). The Arkansas Department of Correction isn't a" person" subject to suit under§ 1983. Brown v. Missouri Department of Corrections, 353 F.3d 1038, 1041 (8th Cir. 2004) (per curiam). Hudson's claims against the ADC are dismissed with prejudice. An in forma pauperis appeal from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3). This case is returned to Magistrate Judge Harris for further proceedings. - ---------·-·-·-·---·--·--·····-·-·-· · · - -·--·--··-·-··-- - - -- - - - - - - - - - - - - - - - - - - - - - - So Ordered. D.P. Marshall Jr. United States District Judge JO -2- Av'Pst ~1"1

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