Coley et al v. Accredited Home Lenders Inc et al

Filing 29

OPINION AND ORDER granting defts' 14 Motion to Dismiss Complaint; pltfs' claims are dismissed with prejudice, except for their claims of fraud, which are dismissed without prejudice; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 3/29/11. (vjt) (Additional attachment(s) added on 3/29/2011: ) # 1 Main Document - Correct) (thd).

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Coley et al v. Accredited Home Lenders Inc et al Doc. 29 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MARK E. CAMPBELL, ADC #144234 v. ARKANSAS DEPARTMENT OF CORRECTION, et al. ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents 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. suit. 2. Plaintiff's pendent state law negligence claim is DISMISSED, WITH PREJUDICE, Defendant ADC is DISMISSED, WITH PREJUDICE, because it is immune from Case No. 5:11CV00021 JLH/JTR PLAINTIFF DEFENDANTS because Defendants are entitled to immunity. 3. Plaintiff's pendent state battery claim is DISMISSED, WITHOUT PREJUDICE, because he has failed to state a claim upon which relief may be granted. 4. Plaintiff's Fourteenth Amendment due process claims are DISMISSED, WITHOUT PREJUDICE, because he has failed to state a claim upon which relief may be granted. 5. Plaintiff may PROCEED with his Eighth Amendment failure to protect claims against Defendants Harris, May, Whalen, Golden, Banks, Meizner, Walker, and Jones. Dockets.Justia.com 6. The Clerk is directed to prepare a summons for Defendants Harris, May, Whalen, Golden, Banks, Meizner, Walker, and Jones, and the U.S. Marshal is directed to serve the summons, the Complaint, Amended Complaint, Second Amended Complaint, and this Order on them through the ADC Compliance Division, without prepayment of fees and costs or security therefor.1 7. 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. Dated this 29th day of March, 2011. UNITED STATES DISTRICT JUDGE If any of the Defendants are no longer ADC employees, the ADC Compliance Office shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 2 1

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