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)

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