Cook v. Moore et al

Filing 25

ORDER approving in part and rejecting in part 9 the proposed findings and partial recommended disposition; dismissing without prejudice, Defendants Keith Burnett, Malcolm Crompton, A. Thomas, Iko, Peyton, Gray,M. Culclager, D. Lewis, Stephens, Shir ley Hudson, F. Washington, R. Hutcheson, G. Lay, W. Kelly, Grant Harris, Ray Hobbs, and Brown; granting 24 Plaintiff's motion to file a second amended complaint to clarify specific claims against each remaining defendant; and certifying that in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/22/2014. (kdr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DON COOK, ADC # 135485 v. PLAINTIFF CASE NO: 5:14CV00402 BSM MOORE, Correctional Officer, Varner Unit et al. DEFENDANTS ORDER The proposed findings and partial recommended disposition (“PRD”) submitted by United States Magistrate Judge Joe J. Volpe and plaintiff’s objections thereto have been reviewed. Plaintiff has also now retained counsel and filed an unopposed motion for leave to file a second amended complaint. After careful consideration of all the documents in the record, it is concluded that the PRD should be approved in part and rejected in part. The PRD is rejected as to the dismissal of defendants Kennie Bolden, Jeremy Andrew, Lasaundra Malone, Moses Jackson, and Sharron Williams. The remaining portion of the PRD is adopted in its entirety. IT IS THEREFORE ORDERED that: 1 Defendants Keith Burnett, Malcolm Crompton, A. Thomas, Iko, Peyton, Gray, M. Culclager, D. Lewis, Stephens, Shirley Hudson, F. Washington, R. Hutcheson, G. Lay, W. Kelly, Grant Harris, Ray Hobbs, and Brown are dismissed without prejudice. 2 Plaintiff’s motion to file a second amended complaint to clarify specific claims against each remaining defendant [Doc. No. 24] is granted. 3 It is certified that an in forma pauperis appeal from this order would not be taken in good faith. IT IS SO ORDERED this 22nd day of December 2014. ________________________________ UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?