Taylor v. Kelley et al

Filing 23

ORDER approving and adopting 8 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; allowing Plaintiff Quincy Taylor to proceed on his failure to protect claims against defendants Shabazz, McConnell , James Gibson, Scott Taylor, Washington, and Does; dismissing without prejudice from this action all other claims; dismissing without prejudice from this action Defendants Wendy Kelley, Raymond Naylor, Keith Waddle, James Byers, and Linsey; and certifying that an in forma pauperis appeal from this Order adopting the Proposed Findings and Recommendations would not be taken in good faith. Signed by Judge Kristine G. Baker on 7/23/2018. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
QUINCY TAYLOR
ADC #164516
v.

PLAINTIFF
Case No. 5:18-cv-00080-KGB/JJV

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

DEFENDANTS

ORDER
The Court has received the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe (Dkt. No. 8). No objections have been filed, and the time to
file an objection has passed. After careful consideration, the Court concludes that the Proposed
Findings and Recommendations should be, and hereby are, approved and adopted in their entirety
as this Court’s findings in all respects (Dkt. No. 8).
It is, therefore, ordered that:
1.

Plaintiff Quincy Taylor is allowed to proceed on his failure to protect claims against

defendants Shabazz, McConnell, James Gibson, Scott Taylor, Washington, and Does. 1
2.

All other claims are dismissed without prejudice from this action.

3.

Defendants Wendy Kelley, Raymond Naylor, Keith Waddle, James Byers, and

Linsey are dismissed without prejudice from this action.

1

Like Judge Volpe, this Court conditions Mr. Taylor’s ability to proceed against the Doe
defendants on his stating the full name and service address of any Doe defendant so that the Doe
defendant may be served in the time allowed under Federal Rule of Civil Procedure 4(m). If Mr.
Taylor fails to meet that condition, his claims against the Doe defendants may be dismissed 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 Proposed Findings and Recommendations would not be taken
in good faith.
So ordered this 23rd day of July, 2018.

_____________________________________
Kristine G. Baker
United States District Judge

2