Radford v. Brooks et al

Filing 41

ORDER approving and adopting the 30 Proposed Findings and Partial Recommended Disposition; allowing Plaintiff to proceed on his claim of deliberate indifference regarding his blood pressure medication and monitoring against Defendants Brooks, Joh nson, Wooten, Whitmore, Sanders, Sail, and Mosely; dismissing without prejudice the excessive force claim against Defendant Sanders and his related medical care claim against Defendant Jack; dismissing without prejudice Plaintiff's claims regard ing failure to treat mouth sores against Defendants Nunn, Montgomery, Burl, and Young; dismissing from this action without prejudice Defendants Gaines, Byers, Nunn, Montgomery, Burl, Young, and Jack; and certifying 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. Signed by Judge Billy Roy Wilson on 8/4/2017. (mef)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TOMMY RADFORD ADC #89900 v. PLAINTIFF 5:17CV00116-BRW-JJV VIVIAN BROOKS, LPN, Tucker Maximum Security Unit; et al. DEFENDANTS ORDER I have 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, I approve and adopt the Proposed Findings and Partial Recommended Disposition in their entirety. Plaintiff will proceed on his claim of deliberate indifference regarding his blood pressure medication and monitoring against Defendants Brooks, Johnson, Wooten, Whitmore, Sanders, Sail, and Mosely. The excessive force claim against Defendant Sanders, and his related medical care claim against Defendant Jack, are DISMISSED without prejudice. Plaintiff’s claim regarding failure to treat mouth sores against Defendants Nunn, Montgomery, Burl, and Young is DISMISSED without prejudice. Defendants Gaines, Byers, Nunn, Montgomery, Burl, Young, and Jack are DISMISSED from this action without prejudice. I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. IT IS SO ORDERED this 4th day of August, 2017. /s/ Billy Roy Wilson ______________ UNITED STATES DISTRICT JUDGE

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