Madden v. Green et al

Filing 13

ORDER Adopting 11 Partial Report and Recommendations; granting 8 Motion to Amend/Correct dismissing Classification Officer Green without prejudice and adding Classification Officer Whiley as a deft and certifying that an ifp appeal from this Order would not be taken in good faith. Signed by Judge Brian S. Miller on 10/15/08. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION LEE MADDEN ADC #136534 V. GREEN, Classification Officer, East Arkansas Regional Unit, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial 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. 2. Plaintiff's Motion to Correct Name of Defendant (docket entry #8) is GRANTED. Defendant Classification Officer Green is VOLUNTARILY DISMISSED, 2:08CV00146 BSM/JTR DEFENDANTS PLAINTIFF WITHOUT PREJUDICE, from this action. 3. The Clerk is directed to: (a) file a copy of Plaintiff's Motion to Correct Name of Defendant (docket entry #8) as "Plaintiff's Amended Complaint"; and (b) add Classification Officer Whiley as a Defendant in this action. 4. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this Order would not be taken in good faith Dated this 15th day of October, 2008. UNITED STATES DISTRICT JUDGE

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