Burfitt v. Erving et al

Filing 8

ORDER AND REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED THAT: 1. The complaint, as supplemented (Docs. 1-1, 1-6) be DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1), with the exception of plaintiff's Eigh tth Amendment excessive-force claims against defendants Erving, Ruckel, Parish, Esaum, Buroughton, Sparks, and Warren and plaintiff's Eigth Amendment failure-to-protect claim against defendant Nolan. 2. Plaintiff's motions for preliminary injunction (Docs. 1-3 & 1-4) be DENIED. 3. The Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal of any Order adopting this Report and Recommendation would not be taken in good faith and therefore deny pl aintiff leave to appeal in forma pauperis. IT IS ORDERED THAT: 1. The United States Marshal shall serve a copy of the complaint, as supplemented (Docs. 1-1 & 1-6), summons, the separate Order issued granting the plaintiff in forma pauperis status, a nd this Order and Report and Recommendations upon defendants Erving Ruckel, Parish, Esaum, Buroughton, Sparks, Warren, and Nolan. 2. Plaintiff shall serve upon defendants or, if appearance has been entered by counsel, upon defendants' attorney, a copy of every further pleading or other document submitted for consideration by the court. 3. Plaintiff shall inform the court promptly of any changes in his address which may occur during the pendency of this lawsuit. ( Objections to R&R due by 5/17/2018). Signed by Magistrate Judge Karen L. Litkovitz on 05/03/2018. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)