Askew v. Holladay et al

Filing 27

ORDER ADOPTING 24 Partial Report and Recommendations and granting plaintiff's motion to amend to add as parties defts Nurse Speer, Dr. Carl Johnson and Ms. McGhee; dismissing plaintiff's claims against defts as set forth in this Order; de nying 4 Motion for Preliminary Injunction, Motion for Hearing, Motion for TRO filed by Frank W Askew, Jr. and denying 3 Motion to Certify Class filed by Frank W Askew, Jr; directing Clerk to prepare a summons for defts Scott, Banks, Bailey and Spencer and the U.S. Marshal to serve a copy of the Complaint, the Recommended Partial Disposition and summons on those defts without prepayment of costs therefor. Signed by Judge James M. Moody on 6/23/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION FRANK W. ASKEW, JR. REG. No. 13764-08 V. 4:09CV00058 JMM/HDY DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge H. David Young and Plaintiff's objections. After carefully considering Plaintiff's objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1) Plaintiff's Notification (docket entry #8) is construed as a Motion to Amend to add as Defendants Nurse Speer, Dr. Carl Johnson, and Ms. McGhee and will be GRANTED; 2) Plaintiff's claims against Defendants Holladay, Morgan, Smith, Ocasio, Barnett, Wilson, Lewis, Berry, Bangs, Paxton, Peters, Wade, Speer, Johnson, and McGhee are DISMISSED WITH PREJUDICE; 3) Plaintiff's Motions for Class Action Certification and Preliminary Injunction (docket entries ##3-4) are DENIED; 4) The Clerk of the Court is directed to prepare a summons for Defendants Scott, Banks, Bailey, and Spencer. The United States Marshal is directed to serve a copy of the Complaint PLAINTIFF "DOC" HOLLADAY, Sheriff, Pulaski County, et al (docket entry #2), this Recommended Partial Disposition, and summons on those Defendants without prepayment of fees and costs or security therefore. DATED this 23rd day of June 2009. ________________________________ UNITED STATES DISTRICT JUDGE

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