Fenner v. Lyles et al

Filing 20

ORDER ADOPTING 17 Proposed Findings and Partial Recommended Disposition. All Defendant Does are dismissed without prejudice for failure to state a claim upon which relief may be granted. 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 15 Motion for Order and Motion to Amend/Correct is denied as moot. Signed by Judge James M. Moody Jr. on 10/26/2016. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JASON E. FENNER
ADC #127315
v.

PLAINTIFF

2:16CV00113-JM-JJV

LYLES, Corporal, East Arkansas
Regional Unit, ADC; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After
careful consideration, the Court concludes the Proposed Findings and Partial Recommended
Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings
in all respects.
IT IS, THEREFORE, ORDERED that:
1.

All Defendant Does are DISMISSED without prejudice for failure to state a claim

upon which relief may be granted.
2.

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.
3.

Plaintiff’s Motion for Order and Motion to Amend/Correct (Doc. No. 15) is denied

as moot.
DATED this 26th day of October, 2016.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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