Kassing v. Kelly et al

Filing 22

ORDER ADOPTING 12 the proposed findings and partial recommended disposition; directing the clerk to alter the docket to reflect that Defendants "Perry" and "S. Perry" refer to the same individual by terminating the former; dism issing, without prejudice, the plaintiff's failure to train allegations against Defendant Larry Manning for failure to state a claim upon which relief may be granted; dismissing, without prejudice, Defendants Wendy Kelley, Larry Norris, and Darw in Metcalf due to plaintiff's failure to state a claim upon which relief may be granted against them; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 6/9/2015. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALVIN KASSING, ADC # 153407 v. PLAINTIFF CASE NO. 5:15CV00066 BSM WENDY KELLY, Director, Arkansas Department of Correction; et al. DEFENDANTS ORDER The proposed findings and partial recommended disposition submitted by United States Magistrate Judge Joe J. Volpe have been received. No objections have been filed. After careful consideration, it is concluded that the proposed findings and partial recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s failure to train allegations against Defendant Larry Manning are dismissed without prejudice for failure to state a claim upon which relief may be granted. 2. Defendants Wendy Kelley, Larry Norris, and Darwin Metcalf are dismissed without prejudice due to plaintiff’s failure to state a claim upon which relief may be granted against them. 3. The clerk shall alter the docket to reflect that Defendants “Perry” and “S. Perry” refer to the same individual by terminating the former. 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. DATED this 9th day of June 2015. _________________________________ UNITED STATES DISTRICT JUDGE 2

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