Cook v. Moore et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DON COOK, ADC # 135485
CASE NO: 5:14CV00402 BSM
MOORE, Correctional Officer,
Varner Unit et al.
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:
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.
Plaintiff’s motion to file a second amended complaint to clarify specific claims
against each remaining defendant [Doc. No. 24] is granted.
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
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