Heard v. Lopez et al

Filing 12

ORDER adopting 5 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice Mr. Heard's failure to protect claim; dismissing without prejudice Defendants John Staley and Margie Grigsby from this action; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 6/25/2018. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DARIUS HEARD
v.

PLAINTIFF
Case No. 4:18-cv-00191-KGB-JJV

STEVE LOPEZ, Jail Administrator,
Lonoke County Sheriff’s Office; et al.

DEFENDANTS
ORDER

Before the Court are Proposed Findings and Recommendations filed by United States
Magistrate Judge Joe J. Volpe (Dkt. No. 5). No objections to the Proposed Findings and
Recommendations have been filed, and the time for filing objections has passed. After review,
this Court adopts the Proposed Findings and Recommendations in their entirety as this Court’s
findings in all respects. Plaintiff Darius Heard may proceed on his due process claim against
defendant Steve Lopez. Mr. Heard’s failure to protect claim is dismissed without prejudice.
Defendants John Staley and Margie Grigsby are dismissed from this action without prejudice. The
Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this
Order would not be taken in good faith.
So ordered this 25th day of June, 2018.
_______________________________
Kristine G. Baker
United States District Judge