Cowart v. Futrell et al

Filing 9

ORDER approving and adopting the 7 Proposed Findings and Recommended Disposition; dismissing without prejudice Plaintiff's complaint against Defendants in their official capacities for failure to state a claim upon which relief may be granted; allowing Plaintiff's claims against Defendants in their individual capacities to proceed at this time; and certifying that an in forma pauperis appeal from the order adopting this recommendation would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/21/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
WILLIAM SHANE COWART
Reg. #10438-003
V.

PLAINTIFF

NO: 2:17-CV-00142 JM

JOHNATHAN FUTRELL, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Patricia S. Harris and the objections filed. After carefully
considering the objections and making a de novo review of the record in this case, the Court
concludes as follows:
Plaintiff filed a response to the proposed findings and recommendation (Document No. 8)
asking the Court to accept a change to his amended complaint to add claims against Defendants in
their individual capacities. The Court will treat that response as a motion to amend his complaint,
which will be granted. The recommendation that Plaintiff’s claims against Defendants in their
official capacities be dismissed is approved and adopted as this Court’s findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s complaint against Defendants in their official capacities is dismissed

without prejudice for failure to state a claim upon which relief may be granted.
2.

Plaintiff’s claims against Defendants in their individual capacities will be allowed

to proceed at this time.

3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from the order adopting this recommendation would not be taken in good faith.
DATED this 21st day of November, 2017.

_______________________________
UNITED STATES DISTRICT JUDGE

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