Doffee/Maxwell v. Arkansas Department of Correction et al

Filing 249

ORDER ADOPTING 247 Partial Report and Recommendations and allowing plaintiff to proceed against defts Bobby Hamilton and Sean Campbell on his claims of excessive force, all of plaintiff's remaining claims are dismissed without prejudice and the names of all other defendants are removed as party defendants; and certifying that an ifp appeal taken from this order is considered frivolous and not in good faith. Signed by Judge James M. Moody on 12/3/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ROBERT "G"-DOFFEE/MAXWELL ADC #108778 V. ARKANSAS DEPARTMENT OF CORRECTION et al. ORDE R The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial 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. Plaintiff is allowed to proceed against Defendants Bobby Hamilton and Sean NO: 5:08CV00015 JMM/HDY DEFENDANTS PLAINTIFF

Campbell on his claims of excessive force. 2. All of Plaintiff's remaining claims are DISMISSED WITHOUT PREJUDICE, and

the names of all other Defendants are removed as party Defendants. 3. The Court certifies that an in forma pauperis appeal taken from this order is

considered frivolous and not in good faith. DATED this 3rd day of December, 2009.

UNITED STATES DISTRICT JUDGE