Robinson v. Perkins et al

Filing 9

ORDER adopting 7 PARTIAL REPORT AND RECOMMENDATIONS in their entirety; therefore, Robinson's request for a temporary restraining order is denied; pltf's claims against Emsweller, Bailey, Williams, Wade, and Golden are dismissed without prejudice; the U.S. Marshal is directed to serve summons and complaints 2 6 on deft Perkins; Darryl Golden, Wade, Rosalyn Williams, Kristie Bailey and Antwon Emsweller terminated. Signed by Judge D. P. Marshall Jr. on 4/7/11. (vjt)

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-JTR Robinson v. Perkins et al Doc. 9 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANDREW DOMINIC ROBINSON ADC#652013 PLAINTIFF v. Case No. 5:10-cv-324-DPM-JTR BRIAN PERKINS, ANTWON EMSWELLER, KRISTIE BAILEY, ROSALYN WILLIAMS, WADE, and DARRYL GOLDEN DEFENDANTS ORDER The Court has considered Magistrate Judge J. Thomas Ray's Proposed Findings and Recommended Partial Disposition, Document No.7. Robinson has not objected. Having reviewed the proposal for clear errors of fact on the face of the record, FED. R. ClV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error, the Court adopts the proposal as its own. Robinson's request for a temporary restraining order is denied. His claims against Emsweller, Bailey, Williams, Wade, and Golden are dismissed without prejudice. His excessive-force claim against Perkins remains. The Court directs the Clerk to issue the summons and directs the United States Marshal to serve the summons and complaint on Perkins. An in forma Dockets.Justia.com pauperis appeal of this Order would not be in good faith. 28 U.s.C.A. 1915(a)(3) (West 2006). So Ordered. D.P. Marshall Jr. f United States District Judge -2

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