Foster v. Coleman et al

Filing 13

ORDER approving and adopting 5 Proposed Findings and Partial Recommended Disposition in all respects; allowing Plaintiff to proceed on his due process claim against Defendants Coleman, Jackson, and Andrews; dismissing Defendant John Doe, who Plaint iff has now identified as Patrick Drummond, from this action without prejudice, because the claims against Mr. Drummond are unrelated to the claims against the other defendants; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 02/24/2017. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHARLES E. FOSTER, JR. ADC #147301 VS. PLAINTIFF 2:17CV00016-BRW-JJV TAMEKA COLEMAN, Disciplinary Hearing Officer, EARU, ADC; et al. DEFENDANTS ORDER I have reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. 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, Plaintiff may proceed on his due process claim against Defendants Coleman, Jackson, and Andrews. Defendant John Doe, who Plaintiff has now identified as Patrick Drummond, is DISMISSED from this action without prejudice, because the claims against Mr. Drummond are unrelated to the claims against the other Defendants. I certify, 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. IT SO ORDERED this 24th day of February, 2017. /s/ Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1

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