Perry v. Kelley et al

Filing 38

ORDER approving and adopting 4 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; allowing Plaintiff to proceed on his claims regarding excessive confinement inpunitive isolation, denial of access to newspapers and other media, and denial of access to his personal property, in which he implicates Defendants Wendy Kelley, Marshall Reed, Dexter Payne, R. Watson, Gibson, Emsweller, McHan, Cashion, Budnik, Bolden, R. Johnson, Cla udia Harris, Stephens, Brown, Plumer, Easaw, F. Washington, Demery, Foots, Spencer, Dock King, Pittman, G. Thompson, Evans, and Felicia Piggee; dismissing without prejudice all other claims from this action; dismissing without prejudice Defendants Ro ry Griffin, Jason Kelley, Correct Care Solutions, Stringfellow, and Day; and certifying an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/13/2017. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ZECKEYA PERRY
ADC #156241
v.

PLAINTIFF

5:17CV00269-JM-JJV

WENDY KELLEY, Director,
Arkansas Department of Correction; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff=s Objections. After
carefully considering the objections and making a de novo review of the record, 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.

Plaintiff is allowed to proceed on his claims regarding excessive confinement in

punitive isolation, denial of access to newspapers and other media, and denial of access to his
personal property, in which he implicates Defendants Wendy Kelley, Marshall Reed, Dexter
Payne, R. Watson, Gibson, Emsweller, McHan, Cashion, Budnik, Bolden, R. Johnson, Claudia
Harris, Stephens, Brown, Plumer, Easaw, F. Washington, Demery, Foots, Spencer, Dock King,
Pittman, G. Thompson, Evans, and Felicia Piggee.
2.

All other claims are DISMISSED from this action without prejudice.

3.

Defendants Rory Griffin, Jason Kelley, Correct Care Solutions, Stringfellow, and

Day1 are DISMISSED from this action without prejudice.

1 The allegations against Defendant Day contained in Plaintiff’s objections relate to the dismissed claims. If

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4.

The Court certifies, 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.
DATED this 13th day of November, 2017.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

Plaintiff desires to pursue these claims, he may do so in a separate action for each claim.

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