Holloway v. Gibson et al

Filing 8

ORDER approving and adopting 5 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects. Holloway's unreasonable search claim against defendants Phillips, James, and Emsweller procee d. Holloways other claims are dismissed without prejudice for failure to state a claim upon which relief may be granted, and all defendants other than defendants Phillips, James, and Emsweller are dismissed from the case. The Court certifies that an in forma pauperis appeal from the order adopting this recommendation or the accompanying judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 10/11/2017. (cmn)(Docket text modified on 10/11/2017 to correct a typographical error)(jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WINSTON HOLLOWAY
ADC #67507
V.

PLAINTIFF

NO: 5:17-CV-00217 JM/PSH

JAMES GIBSON, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Patricia S. Harris, and the objections filed. After
carefully considering the objections and making a de novo review of the record in this case, 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.

Holloway’s unreasonable search claim against defendants Phillips, James, and

Emsweller proceed.
2.

Holloway’s other claims are dismissed without prejudice for failure to state a claim

upon which relief may be granted, and all defendants other than defendants Phillips, James, and
Emsweller are dismissed from the case.
3.

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

appeal from the order adopting this recommendation or the accompanying judgment would not be
taken in good faith.

DATED this 11th day of October, 2017.

_______________________________
UNITED STATES DISTRICT JUDGE