Williams v. Sloan et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 15 and dismissing defts Correctional Medical Services, Green, Cook, Stratton, Kelley, Jackson, Hill, Davis, Duck, Williams and Robertson without prejudice. All claims, except the food poisoning claim, are dismissed against Sloan and Machbanks without prejudice. If Williams wishes to proceed with the dismissed claims and against dismissed defts, he must, within 30 days of the entry of this order, pay the statutory filing fee of $350 and file a motion to amend and reassert these allegations. An ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 10/1/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

THELMA WILLIAMS
ADC #93197

v.

PLAINTIFF

5:12-cv-238-DPM-JTK

D.L. SLOAN et al.

DEFENDANTS

ORDER

The Court has considered Magistrate Judge Kearney's Proposed
Findings and Recommendations, Document No. 15, and Thelma Williams's
objection with attached exhibits, Document No. 18. After conducting a de novo
review, the Court adopts Judge Kearney's recommended disposition as its
own. FED. R. Crv. P. 72(b)(3). Defendants Correctional Medical Services,
Green, Cook, Stratton, Kelley, Jackson, Hill, Davis, Duck, Williams, and
Robertson are dismissed from this action without prejudice. Aside from the
food poisoning claim, which falls within the imminent-danger exception to
the Prison Litigation Reform Act's three-strike rule, all other claims against

Sloan and Manchbanks are dismissed without prejudice.
If Williams wishes to proceed with the dismissed claims and against

dismissed defendants in this case, he must, within thirty days of the entry of
this Order: (1) pay the statutory filing fee of $350 in full, noting the case style
and number; and (2) file a motion to amend and reassert these allegations. An

in forma pauperis appeal from this Order would not be taken in good faith. 28
U.S.C. § 1915(a)(3).
So Ordered.

D.P. Marshall Jr.
United States District Judge
1 October 2012

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