Stover v. Kelley et al

Filing 58

ORDER approving and adopting in their entirety 53 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; dismissing without prejudice Defendant Robert Gardner, III from this cause of action; and certifying that an in forma pauperis appeal from this Order adopting the recommendation would not be taken in good faith. Signed by Judge J. Leon Holmes on 11/15/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CALVIN STOVER
ADC #154695
v.

PLAINTIFF
5:18CV00040-JLH-JJV

WENDY KELLEY,
Director, ADC; 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.

Defendant Robert Gardner, III is DISMISSED without prejudice from this cause

of action.
2.

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

appeal from this Order adopting the recommendation would not be taken in good faith.
DATED this 15th day of November, 2018.
_______________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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