Ellis v. Sifuentes et al

Filing 8

ORDER adopting, in its entirety, #5 Partial Recommendation as this Court's findings in all respects; allowing Plaintiff to proceed with his excessive force, failure to protect, inadequate medical care, and battery claims against Defendants Sifuentes, Taylor, Corporal Dunlap, Sergeant Dunlap, Blair, White, Williams, Ryas, and Doe; dismissing, without prejudice, all other claims as well as Defendants Barden, Carroll, and Gibson; and certifying an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 03/26/2024. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CHRISTIAN JAMAL ELLIS
ADC #162538
v.

PLAINTIFF
4:24-cv-00080-JM-JJV

ANTHONY SIFUENTES,
Lieutenant, Varner Supermax, ADC; et al.

DEFENDANTS
ORDER

The Court has reviewed the Partial Recommendation submitted by United States
Magistrate Judge Joe J. Volpe. (Doc. 5) No objections have been filed, and the time to do so
has passed. After careful review, this Court adopts the Partial Recommendation in its entirety as
its findings in all respects.
Therefore, Plaintiff may proceed with his excessive force, failure to protect, inadequate
medical care, and battery claims against Defendants Sifuentes, Taylor, Corporal Dunlap, Sergeant
Dunlap, Blair, White, Williams, Ryas, and Doe. All other claims as well as Defendants Barden,
Carroll, and Gibson are dismissed without prejudice. And it is certified, pursuant to 28 U.S.C. '
1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment
would not be taken in good faith.
Dated this 26th day of March, 2024.
________________________________
UNITED STATES DISTRICT JUDGE