McClanton v. Brewing et al

Filing 33

ORDER adopting 4 and 24 Proposed Findings and Recommendations in their entirety. The Court orders that defendant Breving be dismissed without prejudice as a defendant in this case for failure to state a claim against him upon which relief may be granted. The Court denies Ms. Bland's 21 motion to vacate Mr. McClanton's in forma pauperis status. Signed by Judge Kristine G. Baker on 12/17/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RODNEY WILSON MCCLANTON,
ADC #108785
v.

PLAINTIFF

Case No. 5:15-cv-00230-KGB/JTK

ROBERT BREVING, et al.

DEFENDANTS
ORDER

Before the Court are two Proposed Findings and Recommendations from United States
Magistrate Judge Jerome T. Kearney (Dkt. Nos. 4, 24). Magistrate Kearney first recommends
dismissal of defendant Robert Brewing (Dkt. No. 4). After a review of those Proposed Findings
and Recommendations, and the timely objections received thereto (Dkt. No. 6), as well as a de
novo review of the record, the Court adopts the Proposed Findings and Recommendations in
their entirety. Accordingly, the Court orders that defendant Breving be dismissed without
prejudice as a defendant in this case for failure to state a claim against him upon which relief
may be granted.
Magistrate Kearney’s second Proposed Findings and Recommendations addresses
defendant Estella Bland’s motion to vacate Mr. McClanton’s in forma pauperis status (Dkt. No.
24). Ms. Bland has not filed objections, and the time to do so has passed. After a review of the
Proposed Findings and Recommendations, the Court adopts them in their entirety. The Court
denies Ms. Bland’s motion to vacate Mr. McClanton’s in forma pauperis status.
It is so ordered on this 17th day of December, 2015.

___________________________
Kristine G. Baker
United States District Judge