Robinson v. Payne et al
ORDER approving and adopting in their entirety the 5 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; dismissing without prejudice defendants Payne, Golden, Bolden, and Davis from this action for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Plaintiff may proceed on his due process claims against defendants McCoy and Brown. Signed by Judge J. Leon Holmes on 5/30/2017. (ljb)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEMARCUS RANTREZ ROBINSON
DEXTER L. PAYNE, Chief Deputy Director,
Arkansas Department of Correction; et al.
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:
Plaintiff may proceed on his due process claims against defendants McCoy and
Defendants Payne, Golden, Bolden, and Davis are DISMISSED from this action
without prejudice for failure to state a claim upon which relief may be granted.
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 May, 2017.
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE
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