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)

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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 -2­

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