Franklin v. Sutton et al

Filing 26

ORDER approving and adopting in their entirety 5 and 18 Proposed Findings and Recommendations as this Court's findings in all respects; granting 15 Mr. Carter's motion to dismiss; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. The Court dismisses without prejudice Stacey D. Franklin's claims against defendants Robert Edwards, Rory Griffin, and Mary Carter as defendants from this case. Only Mr. Franklin's failure to protect claim against Defendant Sutton remains in this case. Signed by Judge Kristine G. Baker on 3/25/2019. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
STACEY D. FRANKLIN
ADC # 153268
v.

PLAINTIFF

Case No. 5:18-cv-00160-KGB

SUTTON, Corporal,
Barbara Ester Unit, et al.,

DEFENDANTS
ORDER

Before the Court are two Proposed Findings and Recommendations submitted by United
States Magistrate Judge Joe J. Volpe (Dkt. Nos. 5, 18). No objections have been filed, and the
time for filing objections has passed. After careful consideration, the Court concludes that the two
Proposed Findings and Recommendations should be, and hereby are, approved and adopted in
their entirety as this Court’s findings in all respects (Id.).
Accordingly, the Court grants Ms. Carter’s motion to dismiss (Dkt. No. 15). Furthermore,
the Court dismisses without prejudice plaintiff Stacey D. Franklin’s claims against defendants
Robert Edwards, Rory Griffin, and Mary Carter. The Court dismisses without prejudice Mr.
Edwards, Mr. Griffin, and Ms. Carter as defendants from this case. Only Mr. Franklin’s failure to
protect claim against defendant Sutton remains in this case (Dkt. Nos. 5, 18). Finally, the Court
certifies that an in forma pauperis appeal from this Order dismissing these claims would not be
taken in good faith. 28 U.S.C. §1915(a)(3).
It is so ordered, this the 25th day of March, 2019.

Kristine G. Baker
United States District Judge