Penix v. Arkansas, State of et al

Filing 10

ORDER approving and adopting 7 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects. Plaintiff's claims against the State of Arkansas, Arkansas Supreme Court, and Defendants Michelle Huff, Harold Erwin, Henry Boyce, and Ryan Cooper are dismissed without prejudice as improperly joined and Defendants are dismissed as parties from this lawsuit. Plaintiff's claims against Defendants Joe Grider, III, Bobby Glenn, and Sloan Lane are di smissed without prejudice for failure to state a claim on which relief may be granted and Defendants are dismissed as parties from this lawsuit. Plaintiff's corrective inaction and failure to train claims against Defendant Martin are dismissed. The Court certifies that an in forma pauperis appeal from any Order adopting these recommendation would not be taken in good faith. Signed by Judge James M. Moody Jr. on 10/13/2020. (ajt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
CHRISTIAN PENIX
v.

PLAINTIFF
CASE NO: 3:20CV00210-JM-JJV

STATE OF ARKANSAS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommended Disposition
should be, and hereby is, approved and adopted in its entirety as this Court’s findings in all
respects.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s claims against the State of Arkansas, Arkansas Supreme Court, and

Defendants Michelle Huff, Harold Erwin, Henry Boyce, and Ryan Cooper are dismissed without
prejudice as improperly joined.
2.

Defendants State of Arkansas, Arkansas Supreme Court, and Defendants Michelle

Huff, Harold Erwin, Henry Boyce, and Ryan Cooper are dismissed as parties from this lawsuit.
3.

Plaintiff’s claims against Defendants Joe Grider, III, Bobby Glenn, and Sloan Lane

are dismissed without prejudice for failure to state a claim on which relief may be granted.
4.

Defendants Joe Grider, III, Bobby Glenn, and Sloan Lane are dismissed as parties

from this lawsuit.
5.
are dismissed.

Plaintiff’s corrective inaction and failure to train claims against Defendant Martin

6.

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

appeal from any Order adopting these recommendations would not be taken in good faith.
DATED this 13th day of October, 2020.

___________________________________
UNITED STATES DISTRICT JUDGE

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