Cooper v. Gray et al

Filing 53

ORDER Adopting 49 Recommended Partial Disposition. Sims's 21 Amended Motion to Dismiss is denied; James's 36 Motion to Dismiss is granted in part and denied in part. Cooper's request for injunctive relief against James is dism issed without prejudice. Huff's 27 Motion to Dismiss is denied in all respects. Defendants' Answers are due within 14 days of he entry of this Order. It is certified that an in forma pauperis appeal form this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 1/5/2018. (mcz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

SHANE COOPER,
ADC #113431
V.

PLAINTIFF
5:17CV00117 JM/JTR

MICHELLE GRAY, Deputy Warden,
Tucker Unit, ADC, et al.

DEFENDANTS

ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray. No objections have been filed. After careful review, the Recommendation is
approved and adopted in its entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Sims's amended motion to dismiss [Doc. 21] is DENIED.

2.

James's motion to dismiss [Doc. 36] is GRANTED IN PART and DENIED IN

PART. Cooper's request for injunctive relief against James is DISMISSED WITHOUT
PREJUDICE.
3.

Huff's Motion to Dismiss [Doc. 27] is DENIED in all respects.

4.

Pursuant to Fed. R. Civ. P. 12(a)(4)(A), Defendants' Answers are due within

fourteen days of the entry of this Order.
5.

It is CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an that an in forma

pauperis appeal from this Order would not be taken in good faith.

Dated this 5th day of January, 2018.

________________________________
UNITED STATES DISTRICT JUDGE