Harp v. Norris et al

Filing 21

ORDER ADOPTING 10 the proposed findings and partial recommended disposition; dismissing, without prejudice, plaintiff's failure to train allegations against defendants Larry Manning and James Gibson for failure to state a claim upon with relie f maybe granted; dismissing, without prejudice, defendants Wendy Kelley, Larry Norris, and Derwin 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 5/5/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TONY A. HARP
ADC # 139721
v.

PLAINTIFF

5:15CV00067-BSM-JJV

LARRY NORRIS, 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.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s failure to train allegations against defendants Larry Manning and

James Gibson are dismissed without prejudice for failing to state a claim upon which relief
may be granted.
2.

Defendants Wendy Kelley, Larry Norris, and Derwin Metcalf are dismissed

without prejudice due to plaintiff’s failure to state a claim upon which relief may be granted
against them.
3.

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.
IT SO ORDERED this 5th day of May 2015.
_______________________________
UNITED STATES DISTRICT JUDGE