Barnes v. Hobbs et al

Filing 18

ORDER APPROVING AND ADOPTING 7 PROPOSED FINDINGS AND PARTIAL RECOMMENDATIONS in their entirety as this Court's findings in all respects; dismissing without prejudice defendants Ray Hobbs, Wendy Kelley, Mark Cashion, Courtney, Richardson, and Sperry; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 10/14/2014. (rhm)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION GUY CLAYTON BARNES ADC #93209 v. PLAINTIFF Case No. 5:14-cv-00159-KGB-JJV RAY HOBBS, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 7). No timely objections were filed. Plaintiff Guy Clayton Barnes filed untimely objections to the Proposed Findings and Recommendations (Dkt. No. 16). After careful consideration, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. Even if this Court were to consider the untimely objections filed by Mr. Barnes, based on those objections and a de novo review of the record in this case, the Court would adopt the Proposed Findings and Recommendations in their entirety. It is therefore ordered that defendants Ray Hobbs, Wendy Kelley, Mark Cashion, Courtney, Richardson, and Sperry be dismissed without prejudice. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. SO ORDERED this the 14th day of October, 2014. ________________________________ KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE

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