Earls v. Cantrell et al

Filing 60

ORDER approving and adopting 55 Proposed Findings and Partial Recommended Disposition in all respects; dismissing defendant Swink; certifying that an in forma pauperis appeal from this Order would not be taken in good faith; and denying Plaintiff's 59 Motion to Substitute. Signed by Judge Billy Roy Wilson on 11/23/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JACOB THOMAS EARLS,
ADC # 114556
v.

PLAINTIFF

2:15CV00171-BRW-JJV

LUKE CANTRELL, Deputy,
Cross County Sheriff’s Department; et al.

DEFENDANTS

ORDER
I have reviewed the Proposed Findings and Partial Recommended Disposition (Doc. No. 55)
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections.1 After
carefully considering the objections and making a de novo review of the record, I approve and
adopt the Proposed Findings and Partial Recommended Disposition in all respects.
Accordingly, Defendant Swink is DISMISSED pursuant to Federal Rule of Civil Procedure
25(a)(1). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal
from this Order would not be taken in good faith.
Plaintiff’s Motion to Substitute (Doc. No. 59) is DENIED.
IT IS SO ORDERED this 23rd day of November, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Doc. No. 57.