Mariano v. Dittrich et al

Filing 6

ORDER Adopting 4 Recommended Disposition: Mariano's claims against Dittrich, Henry, and Arkansas County are dismissed without prejudice. Mariano's claims against the NWACCC and the ADC are dismissed with prejudice. The Clerk is directed to immediately transfer Mariano's conditions of confinement claim against Correctional Care Solutions, Inc., to the Fayetteville Division of the United States District Court for the Western District of Arkansas. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 1/12/2017. (mcz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DEIDRA LEAN MARIANO
ADC #755792
v.

PLAINTIFF
No. 4:16CV00794 JM/JTR

ROBERT DITTRICH,
Prosecuting Attorney, Arkansas County, et al.

DEFENDANTS

ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray. No objections have been filed. After careful review, the Recommendation is
approved and adopted in its entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Mariano's claims against Dittrich, Henry, and Arkansas County are dismissed without

prejudice.
2.

Mariano's claims against the NWACCC and the ADC are dismissed with prejudice.

3.

The Clerk is directed to immediately transfer Mariano's conditions of confinement

claim against Correctional Care Solutions, Inc., to the Fayetteville Division of the United States
District Court for the Western District of Arkansas.
4.

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.
DATED this 12th day of January, 2017.

UNITED STATES DISTRICT JUDGE