Scott v. Burl et al

Filing 35

ORDER approving and adopting in their entirety the 8 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; directing the Clerk to amend the docket to add Johnson as a Defendant, pursuant to the Plaint iff's 7 Amended Complaint; directing the Clerk to amend the docket to correct the spelling of Wendy Kelley; directing the Clerk to amend the docket to identify Defendant Stephens as Mark Stephens; allowing Plaintiff to proceed on his first cla im involving punitive segregation policies against Defendants Hobbs, Harris, Kelley, Reed, Watson, Jackson, Bundick, Bolden, Johnson, Stephens, Pruitt, Brown, and Washington; dismissing without prejudice all other claims and Defendants Burl, Weekly, Strout, Cornelius Christopher, Clark, Harrison, Cockran, Angela Kennedy, Eddie Thompson, H. Neal, C. Neese, John Herringthon, Richardson, Piggie-Gordon, Evans, and ADC; directing the Clerk to amend the docket to identify Defendant Burl as Danny Burl and Defendant Piggie-Gordan as Felicia Piggie-Gordon; and certifying that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 2/23/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEVERICK SCOTT, ADC # 131042
v.

PLAINTIFF

5:16CV00327-JLH-JJV

DANNY BURL, Warden, Tucker
Max Unit; 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 that 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 shall amend the docket to add Johnson as a Defendant, pursuant to

Plaintiff’s Amended Complaint. (Doc. No. 7 at 19.)
2.

The Clerk shall amend the docket to correct the spelling of Wendy Kelley.

3.

The Clerk shall amend the docket to identify Defendant Stephens as Mark Stephens,

pursuant to Plaintiff’s Amended Complaint. (Id. at 4.)
4.

Plaintiff be allowed to proceed on his first claim involving punitive segregation

policies against Defendants Hobbs, Harris, Kelley, Reed, Watson, Jackson, Bundick, Bolden,
Johnson, Stephens, Pruitt, Brown, and Washington.
5.

All other claims and Defendants Burl, Weekly, Strout, Cornelius Christopher, Clark,

Harrison, Cockran, Angela Kennedy, Eddie Thompson, H. Neal, C. Neese, John Herringthon,
Richardson, Piggie-Gordon, Evans, and ADC be DISMISSED without prejudice.

6.

The Clerk shall amend the docket to identify Defendant Burl as Danny Burl and

Defendant Piggie-Gordan as Felicia Piggie-Gordon, pursuant to Plaintiff’s Amended Complaint.
(Id. at 3-4.)
7.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from any Order adopting these recommendations would not be taken in good faith.
DATED this 23rd day of February, 2017.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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