Fudge v. Olson et al

Filing 36

ORDER APPROVING AND ADOPTING 6 29 32 PROPOSED FINDINGS AND RECOMMENDATIONS; dismissing defendants McBride, Meinzer, T. Spencer, J. Andrews, Foote, R. Williams, Watts, Singleton, Johnson, Moses Jackson, Grant Harris, J. Chaney, Stephen P. Watson , Keith Waddle, Nelson, and Gilbert without prejudice; dismissing all claims except Mr. Fudge's toenail medical claim without prejudice; denying 10 motion for preliminary injunction; and dismissing defendant M. Olson without prejudice as a defendant from this action. Signed by Judge Kristine G. Baker on 02/18/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES C. FUDGE,
ADC #78875
v.

PLAINTIFF
Case No. 5:14-cv-00120-KGB/JTK

M. OLSON, et al.

DEFENDANTS
ORDER

Before the Court are several Proposed Findings and Recommendations from United
States Magistrate Judge Jerome T. Kearney. The Court will address each in turn.
As an initial matter, before the Court are the Proposed Findings and Recommendations
from Magistrate Judge Kearney screening plaintiff James C. Fudge’s complaint and amended
complaint (Dkt. No. 6). Mr. Fudge filed objections (Dkt. No. 9). After a review of the Proposed
Findings and Recommendations and objections, as well as a de novo review of the record, the
Court adopts the Proposed Findings and Recommendations in their entirety (Dkt. No. 6).
Accordingly, it is therefore ordered that defendants McBride, Meinzer, T. Spencer, J. Andrews,
Foote, R. Williams, Watts, Singleton, Johnson, Moses Jackson, Grant Harris, J. Chaney, Stephen
P. Watson, Keith Waddle, Nelson, and Gilbert are dismissed without prejudice as defendants
from this action. The Court dismisses without prejudice all claims except Mr. Fudge’s toenail
medical claim.
The Court also has received Proposed Findings and Recommendations from Magistrate
Judge Kearney recommending denial of Mr. Fudge’s motion for preliminary injunction (Dkt.
Nos. 10, 29). There have been no objections filed to this recommendation, and the time for filing
objections has passed.

After careful review, the Court adopts the Proposed Findings and

Recommendations in their entirety (Dkt. No. 29). The Court denies Mr. Fudge’s motion for
preliminary injunction (Dkt. No. 10).
In addition, the Court has received the Proposed Findings and Recommendations from
Magistrate Judge Kearney which recommend dismissing defendant M. Olson for failure to obtain
service (Dkt. No. 32). There have been no objections filed to this recommendation, and the time
for filing objections has passed. After careful review, the Court adopts the Proposed Findings
and Recommendations in their entirety (Dkt. No. 32). Defendant Olson is dismissed without
prejudice as a defendant from this action.
It is, therefore, ordered that:
1.

Defendants McBride, Meinzer, T. Spencer, J. Andrews, Foote, R. Williams,

Watts, Singleton, Johnson, Moses Jackson, Grant Harris, J. Chaney, Stephen P. Watson, Keith
Waddle, Nelson, and Gilbert are dismissed without prejudice as defendants from this action.
2

All claims except Mr. Fudge’s toenail medical claim are dismissed without

prejudice.
3.

Mr. Fudge’s motion for preliminary injunction is denied (Dkt. No. 10).

4.

Defendant M. Olson is dismissed without prejudice as a defendant from this

action.
SO ORDERED this 18th day of February, 2015.

_____________________________
Kristine G. Baker
United States District Judge

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