Ferriel v. Hobbs et al

Filing 28

ORDER adopting Judge Ray's recommended disposition with clarifications; and dismissing Ferriel's complaint as amended without prejudice. Signed by Judge D. P. Marshall Jr. on 4/21/11. (hph)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THOMAS MARVIN FERRIEL, II ADC #137119 v. PLAINTIFF Case No. 5:10-cv-325-DPM RAY HOBBS, GRANT E. HARRIS, MARK CASHION, RONALD GANA, JOHNNIE HARRIS, SHAMON TYLER, C. LAGRONE, ANGELA LEWIS, TERESA WILLIAMS, P. SMITH, FORD, and L. HICKS DEFENDANTS ORDER The Court has carefully reviewed Magistrate Judge J. Thomas Ray's Proposed Findings and Recommended Disposition, Document No. 18, and Thomas FerrieI's objections, Document No.2 7. After de novo review, the Court adopts Judge Ray's recommended disposition as its own with clarifications mostly prompted by FerrieI's objections. FED. R. CIV. P. 72(b)(3). First, the Court grants FerrieI's request to abandon his Fifth and Sixth Amendment claims; and they are resolved on that basis. Second, the facts alleged - even as amplified a bit in the objections - simply do not state Due Process or Eighth Amendment claims. Third, the Court does not adopt the citation to the older unpublished opinions in Sanders and Driscoll. FerrieI's complaint as amended, Document Nos. 2-1, 16, & 17, is dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. 28 U.S.C. § 1915(a)(3). So Ordered. D.P. Marshall Jr. United States District Judge ~I f!rd. J.Oi I

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?