McAlphin v. Wade et al

Filing 19

ORDER approving and adopting the 16 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 9 Defendants' Motion to Dismiss; dismissing wit hout prejudice Plaintiff's claims for compensatory and punitive damages based on Defendants' quasi-judicial and sovereign immunities and denying Defendant's Motion to Dismiss in all other respects; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 8/14/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JAMES McALPHIN,
ADC #88328,
Plaintiff,
v.
BRENDA WADE, Director,
Arkansas Claims Commission; et al.,
Defendants.

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No. 4:17CV00343-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff=s Objections. After
carefully considering the objections and making a de novo review of the record, the Court
concludes that the Proposed Findings and Partial Recommended 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.

Defendants’ Motion to Dismiss (Doc. No. 9) is GRANTED in part and DENIED in

part:
A.

Plaintiff’s claims for compensatory and punitive damages are DISMISSED
without prejudice based on Defendants’ quasi-judicial and sovereign
immunities.

B.
2.

Defendant’s Motion to Dismiss is DENIED in all other respects.

Plaintiff is allowed to proceed with his claim for equitable relief.

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3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations would not be taken in good faith.
IT IS SO ORDERED this 14th day of August, 2017.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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