Hughes v. Holiday et al

Filing 28

ORDER adopting 5 the proposed findings and recommended disposition; and dismissing Huckabee and Paxton, without prejudice, and certifying that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 8/9/2017. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BRIAN HUGHES ADC #119986 v. PLAINTIFF CASE NO. 4:17-CV-00392 BSM DOC HOLIDAY, et al. DEFENDANTS ORDER Having conducted a de nova review of the proposed findings and recommended disposition (prd) [Doc. No. 5], plaintiff’s objections to defendants’ answer to the complaint [Doc. Nos. 17, 18] (which are being considered as objections to the prd), and the entire record, the prd is adopted. Although the prd is correct that plaintiff’s “statement of claim” does not mention defendant Paxton, see Doc. No. 5 at 2–3, it does specifically mention defendant Jody Huckabee. See Complaint, Doc. No. 2, at 6. Nonetheless, plaintiff does not state a claim of wrongdoing against Huckabee, but merely states that Huckabee informed plaintiff that Huckabee could not serve kosher meals unless he received orders from the chaplain or doctor. Id. Huckabee and Paxton are therefore dismissed without prejudice, and it is certified that an in forma pauperis appeal would not be taken in good faith. IT IS SO ORDERED this 9th day of August 2017. UNITED STATES DISTRICT JUDGE

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