Nichols v. Pepper et al

Filing 32

ORDER ADOPTING 23 the proposed findings and partial recommended disposition ; allowing plaintiff to proceed with his inadequate medical care claims against defendant Sonya Peppers; directing the USMS to serve a copy of the complaint and summons on her without prepayment of fees and costs or security; dismissing Defendants Marvin Hughey and Alva M. Green, without prejudice, for failure to state a claim upon which relief can be granted; certifying that an in forma pauperis appeal from this order would not be taken in good faith; and denying as moot 28 Plaintiff's motion to amend/correct his objection. Signed by Chief Judge Brian S. Miller on 7/9/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BILLY MACK NICHOLS, JR.
ADC # 092713
v.

PLAINTIFF

CASE NO. 5:14CV00448 BSM

SONYA PEPPERS, Doctor,
Tucker Maximum Security Unit, et al.

DEFENDANTS

ORDER
The proposed findings and partial recommended disposition submitted by United
States Magistrate Judge Thomas J. Ray and plaintiff’s objections thereto have been received.
After carefully considering the objections and making a de novo review of the record, it is
concluded that the proposed findings and partial recommended disposition should be, and
hereby are, approved and adopted in their entirety.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff is allowed to proceed with his inadequate medical care claims against

defendant Sonya Peppers.
2.

The clerk of court shall prepare summons for defendant Peppers and the United

States Marshal shall serve a copy of the complaint [Doc. No. 3] and summons on her without
prepayment of fees and costs or security.
3.

Defendants Marvin Hughey and Alva M. Green are dismissed without

prejudice for failure to state a claim upon which relief can be granted.
4.

It is certified, 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.
5.

Plaintiff’s motion to amend/correct his objection [Doc. No. 28] is denied as

moot.
IT IS SO ORDERED this 9th day of July 2015.

UNITED STATES DISTRICT JUDGE

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