Johnson v. Cook et al

Filing 60

ORDER adopting 28 Recommended Partial Disposition in its entirety as this Court's findings in all respects. Plaintiff is hereby allowed to proceed against defendants Chief Dell Cook and Lieutenant Luke Whitfield with his 1983 inhumane conditio ns of confinement and state law negligence claims arising from his alleged exposure to mold, mildew, and rust. All other claims are dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 5/16/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMES JOHNSON
#M28313
v.

PLAINTIFF

Case No: 3:17-cv-00041-KGB-JTR

DELL COOK, et al.

DEFENDANTS
ORDER

Before the Court is a Recommended Partial Disposition filed by United States Magistrate
Judge J. Thomas Ray (Dkt. No. 28). No objections to the Recommended Partial Disposition have
been filed, and the time for filing objections has passed. After review, this Court adopts the
Recommended Partial Disposition in its entirety as this Court’s findings in all respects.
Plaintiff James Johnson is hereby allowed to proceed against defendants Chief Dell Cook
and Lieutenant Luke Whitfield of the Mississippi County Detention Center, with his 42 U.S.C. §
1983 inhumane conditions of confinement and state law negligence claims arising from his alleged
exposure to mold, mildew, and rust. All other claims raised in Mr. Johnson’s complaint and
amended complaint are dismissed without prejudice. 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.
So ordered this the 16th day of May, 2018.

__________________________________
Kristine G. Baker
United States District Judge