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)

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