Richardson v. Kelley et al

Filing 7

ORDER ADOPTING 6 the proposed findings and recommended partial disposition; allowing Plaintiff Every Donelle Richardson to proceed with his inadequate medical care claims against defendants Wendy Kelley, Jennifer McBride, Connie Hubbard and Cynthia Newton and ordering service on those four defendants; and dismissing, without prejudice, Richardson's due process claim against Kelley and McBride for failure to state a claim upon which relief may be granted. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 11/30/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
EVERY DONELLE RICHARDSON
ADC #139311
v.

PLAINTIFF

CASE NO. 5:12CV00250 BSM/JTR

WENDY KELLEY, Deputy Director,
Arkansas Department of Correction et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge J. Thomas Ray [Doc. No. 6] have been reviewed. No objections
have been filed. After carefully considering these documents and making a de novo review
of the record, it is concluded that the proposed findings and recommended partial disposition
should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff Every Donelle Richardson may proceed with his inadequate medical

care claims against defendants Wendy Kelley, Jennifer McBride, Connie Hubbard and
Cynthia Newton and that service be ordered on those four defendants.
2.

Richardson’s due process claim against Kelley and McBride is dismissed,

without prejudice, for failure to state a claim upon which relief may be granted.
3.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal would not be taken in good faith.
Dated this 30th day of November 2012.

________________________________
UNITED STATES DISTRICT JUDGE

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