Voegele v. McGraw et al

Filing 8

ORDER approving and adopting 6 Proposed Findings and Recommended Disposition in their entirety as this Court's findings in all respects; dismissing without prejudice Voegle's claims against Turn Key and Sherriff Holladay; dismissing without prejudice Voegle's claims against McGraw in her official capacity; and certifying that an in forma pauperis appeal from the order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 10/13/2017. (cmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION STEVEN JOHN VOEGELE ADC #510347 V. PLAINTIFF NO: 4:17-CV-00547 JM MCGRAW, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and 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. Voegele’s claims against Turn Key and Sheriff Holladay are dismissed without prejudice for failure to state a claim upon which relief may be granted. 2. Voegele’s claims against McGraw in her official capacity are dismissed without prejudice for failure to state a claim upon which relief may be granted. 3. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from the order adopting this recommendation would not be taken in good faith. DATED this 13th day of October, 2017. _______________________________ UNITED STATES DISTRICT JUDGE

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