May v. Allison et al

Filing 11

ORDER Adopting 9 Recommended Disposition. May is given 30 days from the conclusion of his state court proceedings to file a Motion to Reopen this Case. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 10/23/2017. (mcz)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PARNELL R. MAY V. PLAINTIFF 4:17CV00489 SWW JEFF ALLISON, Detective, Pulaski County, Sheriff’s Office, Doc Holladay, Sheriff, Pulaski County DEFENDANTS ORDER The Court has reviewed the Recommended Disposition submitted by United States Magistrate Judge J. Thomas Ray. After a careful review of Mr. May’s timely objections, and upon a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted in its entirety as this Court’s findings in all respects. IT IS, THEREFORE, ORDERED that: 1. All claims against Sheriff Doc Holladay, in his official and individual capacities, are DISMISSED, WITHOUT PREJUDICE. 2. All claims against Jeff Allison, in his official capacity, are DISMISSED, WITHOUT PREJUDICE. 3. Parnell R. May’s interference with legal mail claim against Defendant Allison, in his individual capacity, is DISMISSED, WIHOUT PREJUDICE. 4. May’s false arrest, slander, and defamation claims against Defendant Allison, in his individual capacity, are STAYED, and this action ADMINISTRATIVELY TERMINATED until the conclusion of May's criminal proceedings in state court. 1    5. May is given thirty days from the conclusion of his state court proceedings to file a Motion to Reopen this case. 6. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. IT IS SO ORDERED this 23rd day of October, 2017. /s/Susan Webber Wright  UNITED STATES DISTRICT JUDGE 2   

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