Whitehead v. Horton et al

Filing 10

ORDER adopting 7 Proposed Findings and Partial Recommended Disposition. Whitehead's claims against Horton, Griffith, Obi, and Campbell are dismissed without prejudice for failure to state a claim. Whitehead's deliberate indifference c laim against Simmons remains. Ray Griffith and Ray Gruff are the same person. The Court therefore directs the Clerk to terminate Ray Gruff as a defendant. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 6/19/2014. (jak)

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

BILLY WHITEHEAD,
ADC # 600614

v.

PLAINTIFF

No. 2:14-cv-48-DPM-JJV

DEBRA HORTON, LPN, Health Services;
RAY GRUFF, Deputy Director, ADC, afk/a
Ray Griffith; RAY GRIFFITH, Deputy
Director, ADC; JAMES SIMMONS, Doctor,
EARU, ADC; OBI, Doctor, EARU, ADC

DEFENDANTS

ORDER
Opposed recommendation, NQ 7, adopted as supplemented.

FED. R. CIV.

P. 72(b)(3). Whitehead also says that Campbell, who is not listed as a
defendant, knew of the trouble he was having with his finger, NQ 5 at 5; but
Whitehead doesn't allege that Campbell was personally involved with his
treatment. Whitehead's claims against Horton, Griffith, Obi, and Campbell
are dismissed without prejudice for failure to state a claim. Whitehead's
deliberate -indifference claim against Simmons remains. Ray Griffith and Ray
Gruff are the same person. The Court therefore directs the Clerk to terminate
Ray Gruff as a defendant. The Court certifies that an in forma pauperis appeal
from this Order would not be taken in good faith.

So Ordered.

ft

f

D.P. Marshall Jr.
United States District Judge
i q Orr111e ~01 4-

u

-2-