Fudge v. Staley et al

Filing 9

ORDER ADOPTING 7 the proposed findings and partial recommended disposition; allowing plaintiff to proceed with his inadequate medical care and excessive force claims against defendant John Staley and his failure to intervene claim against Defendant McCoyn; dismissing, without prejudice, all other claims and defendants; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 5/20/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMES FUDGE, ADC # 113396
v.

PLAINTIFF

CASE NO. 4:15CV00113 BSM

JOHN STALEY, Sheriff,
Lonoke County Jail, et al.

DEFENDANTS
ORDER

The proposed findings and partial recommended disposition (“PRD”) submitted by
United States Magistrate Judge Joe J. Volpe and plaintiff’s objections thereto have been
reviewed. After carefully considering the objections and reviewing the record de novo, the
PRD are hereby approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff is allowed to proceed with his inadequate medical care and excessive

force claims against defendant John Staley and his failure to intervene claim against
Defendant McCoyn;
2.

All other claims and defendants are dismissed without prejudice; and,

3.

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.
IT IS SO ORDERED this 20th day of May 2015.

________________________________
UNITED STATES DISTRICT JUDGE