Martz v. Brandon et al

Filing 11

ORDER Adopting 10 Proposed Findings and Recommendations. Plaintiff is allowed to proceed on his excessive force claims and related claims arising from the 6/14/2017 incident against Defendants Christopher Brandon, Dalton Wayne Wallace, Gilliasp ie, Sanders, Lonny Brown, and Cooper. All other claims are dismissed from this action without prejudice. 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. Signed by Judge James M. Moody Jr. on 5/8/2018. (mcz)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION HOLLIS DEVIN MARTZ ADC #155904 v. PLAINTIFF 1:18CV00024-JM-JJV CHRISTOPHER BRANDON, Lieutenant, North Central Unit; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and 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 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 is allowed to proceed on his excessive force claim and related claims arising from the June 14, 2017, incident against Defendants Christopher Brandon, Dalton Wayne Wallace, Gilliaspie, Sanders, Lonny Brown, and Cooper. 2. All other claims are DISMISSED from this action without prejudice. 3. Defendants Garrett Gillihan, Karen Payne, Stephen Williams, Billy Inman, Keith Wilhite, Cody Douglas, Corey Brewer, Tolar, Dexter Payne, and Wendy Kelley are DISMISSED from this action without prejudice. 4. The Court certifies, pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal from this Order adopting these recommendations would not be taken in good faith. 1 DATED this 8th day of May, 2018. _______________________________________ JAMES M. MOODY, JR. UNITED STATES DISTRICT JUDGE 2

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