Kassing v. Kelly et al

Filing 41

ORDER ADOPTING 40 the partial recommended disposition. The official capacity claims against defendants James Gibson, Shamone McPhadden, Ladarius Williams, Larry Manning, and Shay Baker are dismissed with prejudice. The individual capacity claims ag ainst Baker are also dismissed with prejudice. The individual capacity claims against Gibson, McPhadden, Williams, and Manning aredismissed without prejudice. The clerk is directed to modify the docket to reflect the correct name for "S. Baker" as "Shay Baker." It is certified that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 5/10/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ALVIN KASSING,
ADC #153407
v.

PLAINTIFF

CASE NO. 5:15-CV-00066 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER

The partial recommended disposition (“PRD”) submitted by United States Magistrate
Judge Joe J. Volpe [Doc. No. 40] has been reviewed. No objections have been filed. After
reviewing the record, the PRD is adopted.
Therefore, the official capacity claims against defendants James Gibson, Shamone
McPhadden, Ladarius Williams, Larry Manning, and Shay Baker are dismissed with
prejudice. The individual capacity claims against Baker are also dismissed with prejudice.
The individual capacity claims against Gibson, McPhadden, Williams, and Manning are
dismissed without prejudice. The clerk is directed to modify the docket to reflect the correct
name for “S. Baker” as “Shay Baker.” It is certified that an in forma pauperis appeal from
this order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 10th day of May 2016.

UNITED STATES DISTRICT JUDGE