Smith v. Rector et al
Filing
38
ORDER adopting 32 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 28 Motion to Dismiss for Failure to State a Claim. Defendants Annie R ector and Alexis Mead are DISMISSED from this action without prejudice. Defendants Annie Rector and Alexis Mead's request for a "with prejudice" dismissal is DENIED. 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 J. Leon Holmes on 5/27/2015. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
COURTNEY SMITH, ADC # 149926
v.
PLAINTIFF
No. 5:15CV00015-JLH-JJV
ANNIE RECTOR, Mental Health Counselor,
Arkansas Department of Correction; et al.
DEFENDANTS
ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After
careful consideration, 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 Annie Rector and Alexis Mead’s Motion to Dismiss for Failure to State
a Claim is GRANTED in part and DENIED in part. Document #28. Defendants Annie Rector and
Alexis Mead are DISMISSED from this action without prejudice. Defendants Annie Rector and
Alexis Mead’s request for a ‘with prejudice’ dismissal is DENIED.
2.
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 27th day of May, 2015.
___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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?