Tarkington v. Peppers-Davis et al

Filing 7

ORDER ADOPTING 4 Partial Report and Recommendations. Defendants Shock, Carswell and Hoffman are DISMISSED, without prejudice. Plaintiff is allowed to proceed only with his deliberate indifference claim against Defendant Peppers-Davis. 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. Signed by Judge James M. Moody Jr. on 9/18/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNNY TARKINGTON,
ADC # 85550
v.

PLAINTIFF

5:14CV00322-JM-JJV

SONYA PEPPERS DAVIS, Doctor, C.C.S.,
Tucker Max Prison Infirmary; et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. After carefully considering the
objections and making a de novo review of the record, the Court concludes that the Proposed
Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted
in their entirety as this Court's findings in all respects.
IT IS, THEREFORE, ORDERED that:
1.

Defendants Shock, Carswell, and Hoffman are DISMISSED without prejudice;

2.

Plaintiff is allowed to proceed only with his deliberate indifference claim against

Defendant Peppers-Davis;
3.

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.
DATED this 18th day of September, 2014.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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