Scott v. Burl et al

Filing 45

ORDER approving and adopting in their entirety the 38 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part Defendants' 33 motion to dismiss for failure to state a claim, or in the alternative, motion to consolidate; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 3/30/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

DEVERICK SCOTT, ADC #131042
v.

PLAINTIFF

No. 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. No objections have been filed. After
careful consideration, 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.

Defendants’ motion to dismiss for failure to state a claim, or in the alternative, motion

to consolidate (Document #33) is GRANTED IN PART and DENIED IN PART:
A.

Granted to the extent plaintiff fails to state a claim for conspiracy;

B.

Denied to the extent plaintiff be allowed to proceed on his substantive claim

involving punitive segregation policies; and
C.

Denied to the extent consolidation with No. 5:16CV00065-DPM-JTK is not

appropriate.
2.

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 30th day of March, 2017.
__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE