Paxton v. McBride et al

Filing 55

ORDER approving and adopting in their entirety the 22 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; allowing Plaintiff to proceed on his retaliatory discipline claims against Defendants Iris M cBride, Cory Evans, Michelle Gray, and S. Malone; dismissing from this action without prejudice Plaintiff's claims alleging denial of access to the courts; dismissing without prejudice Defendants Wendy Kelley and Michelle Williams from this action; and certifying that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge J. Leon Holmes on 1/17/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BARRY PAXTON
ADC #660117
v.

PLAINTIFF

5:17CV00293-JLH-JJV

IRIS McBRIDE, Corporal,
Barbara Ester Unit; 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 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 retaliatory discipline claims against

Defendants Iris McBride, Cory Evans, Michelle Gray, and S. Malone.
2.

Plaintiff’s claims alleging denial of access to the courts are DISMISSED from this

action without prejudice.
3.

Defendants Wendy Kelley and Michelle Williams are 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 17th day of January, 2018.

________________________________
UNITED STATES DISTRICT JUDGE