Moore v. Cox et al

Filing 66

ORDER adopting 62 Partial Recommendation; dismissing without prejudice Defendant Nurse Hopkins as a party to this lawsuit due to a lack of service; and certifying an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/18/2020. (ajt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION FREDERICK BERNARD MOORE PLAINTIFF v. 3:20-cv-00109-JM-JJV BRENT COX, Administrator, Greene County Detention Facility, et al. DEFENDANTS ORDER The Court has reviewed the Partial Recommendation submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections.1 After conducting a de novo review, this Court adopts the Partial Recommendation in its entirety as its findings in all respects. IT IS THEREFORE ORDERED that: 1. Defendant Nurse Hopkins is DISMISSED WITHOUT PREJUDICE as a party to this lawsuit due to a lack of service. 2. It is certified, 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. Dated this 18th day of November, 2020. ________________________________ UNITED STATES DISTRICT JUDGE 1 If Plaintiff is able to properly identify “Nurse Hopkins” following discovery, the Plaintiff may file a motion for leave to file an amended complaint to properly name this defendant.

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