Scott v. Kelley et al

Filing 9

ORDER approving and adopting the 6 Proposed Findings and Partial Recommended Disposition with modifications; allowing Plaintiff to proceed on his claims against Defendants regarding excessive confinement in punitive isolation, denial of access to newspapers and other media, and denial of access to his personal property from the time period covering 1/5/2017 through 5/31/2017; dismissing all other claims from this action without prejudice; dismissing Defendant Day without prejudice; and certifying that 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 11/21/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DEVERICK SCOTT
ADC #131042
v.

PLAINTIFF

5:17CV00272-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 with the following modifications: Plaintiff will be allowed to proceed
on his claims regarding the denial of a forty-eight hour “relief period” and his claims related to the
denial of access to media and his personal property during relief periods against all named
Defendants at this time.
clarified in his objections.

His claims are limited to January 5, 2017 through May 31, 2017, as
(Document No. 8).

IT IS, THEREFORE, ORDERED that:
1.

Plaintiff is allowed to proceed on his claims against Defendants regarding excessive

confinement in punitive isolation, denial of access to newspapers and other media, and denial of
access to his personal property from the time period covering January 5, 2017 through May 31,
2017.
2.

All other claims are DISMISSED from this action without prejudice.

3.

Defendant Day is DISMISSED from this action without prejudice.

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 21st day of November, 2017.

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

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