McAlphin v. Obi et al

Filing 15

ORDER ADOPTING 14 Partial Report and Recommendations. The Court has rescreened McAlphin' s amended complaint and declines to reinstate Kitrell, Delk, D' Anna, Dunn, and Corizon, who were previously dismissed. McAlphin' s claims ag ainst the Arkansas Department of Correction are dismissed with prejudice. His claims against Hobbs and Kelly are dismissed without prejudice for failure to state a claim. McAlphin' s claims against Obi, Ball, and Campbell remain. Motion to amend 13 , is denied as moot. Signed by Judge D. P. Marshall Jr. on 1/23/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JAMES MCALPHIN,
ADC # 88328

v.

PLAINTIFF

No. 2:13-cv-145-DPM-JJV

N. OBI, Doctor, ADC, EARU; BALL, Doctor, ADC,
EARU; G. CAMPBELL, APN, ADC, EARU; RAY
HOBBS, Director, ADC, in his individual capacity;
WENDY KELLY, Deputy Assistant, Director, ADC,
in her individual capacity; and ARKANSAS
DEPARTMENT OF CORRECTION, a municipality

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Joe J. Volpe's proposed
findings and recommendations, NQ 14. McAlphin has not objected. After
reviewing the proposal for clear factual error and for legal error,

FED. R. CIV.

P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts it as
modified. The Court has rescreened McAlphin' s amended complaint and
declines to reinstate Kitrell, Delk, D' Anna, Dunn, and Corizon, who were
previously dismissed. McAlphin' s claims against the Arkansas Department
of Correction are dismissed with prejudice. His claims against Hobbs and

Kelly are dismissed without prejudice for failure to state a claim: McAlphin
does not need evidence at this point. Compare NQ 14 at 6. But he does need to
plead specific facts about Hobbs's and Kelly's personal involvement, which
he has not done. McAlphin' s claims against Obi, Ball, and Campbell remain.
Motion to amend, NQ 13, denied as moot.
So Ordered.

-2-