Evans v. Hardy et al

Filing 7

ORDER ADOPTING 5 Partial Report and Recommendations that plaintiff's negligence claim be dismissed with prejudice and other claims be allowed to proceed. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 3/2/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

MARCUS D. EVANS
ADC#109369

v.

PLAINTIFF

No.2:11-cv-235-DPM

SHANTA HARDY; OFFICER MOORE; OFFICER COX;
OFFICER BARTON; OFFICER RICHARDSON; OFFICER
CARLOCK; OFFICER MULLINS; OFFICER MCDANIELS;
OFFICER CLEMMONS; OFFICER JACKSON; and
OFFICER GRAY, all Correctional Officers, East Arkansas
Regional Unit, ADC, all sued in their individual and
official capacities
DEFENDANTS

ORDER

Evans has not objected to Magistrate Judge J. Thomas Ray's
recommendation, Document No.5, that his negligence claim be dismissed with
prejudice and other claims be allowed to proceed. Reviewing for legal error
and clear factual error on the face of the record,

FED.

R. CIV. P. 72(b) (1983

addition to advisory committee notes), the Court adopts Judge Ray's
recommendation in full. The Court certifies that an in forma pauperis appeal
from this Order would not be taken in good faith.

So Ordered.

~sL..u#.

D.P. arshall Jf
United States District Judge
2 March 2012

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