Davis v. Hobbs

Filing 10

ORDER adopting 7 Proposed Findings and Recommended Partial Disposition in their entirety as this Court's findings in all respects; directing the Clerk to add as Defendants "John Does, five unknown officers at the Tucker Maximum Security U nit"; dismissing Defendant Hobbs without prejudice, because Plaintiff has failed to state a claim against him; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 11/22/2010. (thd)

Davis v. Hobbs

Doc. 10

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION GREGORY DAVIS ADC #97816 V. 5:10CV00271 SWW/JTR DEFENDANT

PLAINTIFF

RAY HOBBS, Director, Arkansas Department of Correction

ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial 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. The Clerk is directed to add as Defendants, "John Does, five unknown officers at the

Tucker Maximum Security Unit." 2. Pursuant to the screening function mandated by § 1915A: (a) Defendant Hobbs is

DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to state a claim against him; and (b) Plaintiff shall PROCEED with his excessive force and inadequate medical care claims against the John Doe Defendants. 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), than an in forma

pauperis appeal from this Order would not be taken in good faith. 4. Plaintiff shall file, within 120 days of the entry of this Order, a Motion for Service

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providing the names of the John Doe Defendants. 5. Plaintiff is advised that if he fails to timely and properly do so, the John Doe

Defendants will be dismissed, without prejudice, pursuant to Fed. R. Civ. P. 4(m). Dated this 22nd day of November, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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