Deshazer v. Arkansas, State of et al

Filing 15

ORDER approving and adopting 13 proposed findings and recommended partial disposition; dismissing Defendants the State of Arkansas and the Arkansas Department of Correction without prejudice and denying Plaintiff's request for early release. An in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 07/02/2014. (rhm)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION KENDRA KATRISE DESHAZER ADC# 707085 v. PLAINTIFF CASE NO. 5:14CV00072 BSM ARKANSAS, STATE OF, et al. DEFENDANTS ORDER The proposed findings and recommended partial disposition submitted by United States Magistrate Judge Joe J. Volpe have been reviewed, along with the objections filed. After careful consideration and a de novo review of the record in this case, 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. Defendants the State of Arkansas, the Arkansas Department of Correction, and Ray Hobbs are DISMISSED without prejudice pursuant to the second amended complaint. [Doc. No. 11]. 2. Plaintiff’s request for early release to seek medical attention is DENIED without prejudice so she may pursue it through filing a petition for writ of habeas corpus. 3. Plaintiff may proceed on her claim for deliberate indifference and request for monetary damages and injunctive relief against defendants named in the second amended complaint. 4. It is further certified that, pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order would not be taken in good faith. DATED this 2nd day of July 2014. ________________________________ UNITED STATES DISTRICT JUDGE

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