Marshall v. Burden et al

Filing 45

ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 29 and granting in part and denying in part defendants' 11 Motion to Dismiss Case as Frivolous: Plaintiff may proceed with his claims of the use of excessive force against defts Burden & Page , and denial of medical treatment by the unknown Doe defts, and the remainder of pltf's claims are dismissed with prejudice for failure to state a claim. Signed by Judge Brian S. Miller on 2/22/10. (bkp) Modified on 2/22/2010 to correct typographical error(bkp).

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION CALVIN LEE MARSHALL ADC #90207 V. CASE NO. 5:09CV00128 BSM-JJV DEFENDANTS ORDER The court has received the partial recommended disposition from Magistrate Judge Joe J. Volpe. After carefully reviewing the partial recommended disposition, objections, and reviewing the record de novo, it is concluded that the partial recommended disposition should be, and hereby is, approved and adopted in all respects in its entirety. Defendants' motion to dismiss (Doc. No. 11) is GRANTED IN PART, and DENIED IN PART. Plaintiff may proceed with his claims of the use of excessive force against defendants Burden and Page, and denial of medical treatment by the unknown Doe defendants, and the remainder of the plaintiff's claims are DISMISSED with prejudice for failure to state a claim. IT IS SO ORDERED this 22nd day of February, 2010. PLAINTIFF

ANTHONY BURDEN, Sgt., Varner SuperMax, ADC; et al.

UNITED STATES DISTRICT JUDGE