Melton v. Briann et al

Filing 7

ORDER approving and adopting 5 the Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice Defendants Parker and Massiet for failure to state a claim upon which relief may be granted; and certifying 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. Signed by Judge Susan Webber Wright on 11/8/2016. (mef)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RICHARD LANCE MELTON V. PLAINTIFF NO: 4:16CV00727-SWW-JJV BRIANN, Nurse, LPN, Saline County Detention Center; et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations 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 Recommendations 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. Defendants Parker and Massiet are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted. 2. The Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that an in forma pauperis appeal from this order adopting the Proposed Findings and Recommendations would not be taken in good faith. DATED this 8th day of November, 2016. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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