Huddleston v. Esaw et al

Filing 16

ORDER adopting the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe; the Clerk of the Court is directed to add "Stephens" a Captain at Varner Unit as a defendant; defendants Wen dy Kelly, Jeremy Andrews, L. Malone, Moses Jackson, Randy Watson, Inman and Stephens are dismissed without prejudice; the Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 3/23/16. (tjb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ROCKY HUDDLESTON, ADC # 652500 v. PLAINTIFF 5:16CV00059-JLH-JJV PHILLIP ESAW, Lieutenant, 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 and Plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes 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. The Clerk of Court add “Stephens,” a Captain at the Varner Unit, as a defendant. 2. Defendants Wendy Kelly, Jeremy Andrews, L. Malone, Moses Jackson, Randy Watson, Inman, and Stephens are DISMISSED without prejudice. 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. SO ORDERED this 23rd day of March, 2016. __________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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