Benbow v. AT Wall et al

Filing 6

ORDER denying as moot 2 Motion for Leave to Proceed in forma pauperis; denying as moot 3 Motion to Appoint Counsel ; denying as moot 4 MOTION for Service; adopting Report and Recommendations re 5 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 2/19/2014. (Urizandi, Nisshy)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
AARON BENBOW,
)
)
Plaintiff,
)
)
v.
)
C.A. No. 13-757 S
)
A.T. WALL, C/O GRANDPRE,
)
LT. ALVES, and JAMES WEEDEN,
)
)
Defendants.
)
___________________________________)
ORDER
WILLIAM E. SMITH, Chief Judge.
This

action

arises

from

a

physical

altercation

Plaintiff Aaron Benbow and a prison official.

between

On January 13,

2014, United States Magistrate Judge Patricia A. Sullivan issued
a Report and Recommendation (ECF No. 5) recommending dismissal
of Mr. Benbow’s claims with prejudice, except for certain habeas
claims, which Magistrate Judge Sullivan recommended be dismissed
without prejudice.

No objections were filed.

Because this Court agrees with Magistrate Judge Sullivan’s
analysis,

it

hereby

accepts

the

pursuant to 28 U.S.C. § 636(b)(1).
dismissed

with

prejudice,

except

Report

and

Recommendation

Mr. Benbow’s claims are
for

the

claim

seeking

expungement of the altercation from Mr. Benbow’s disciplinary
record, and the claim seeking restoration of Mr. Benbow’s “good
time” credit, which claims are dismissed without prejudice.

Mr. Benbow’s other pending motions seeking leave to proceed
in forma pauperis (ECF No. 2), seeking appointment of counsel
(ECF No. 3), and requesting service of process (ECF No. 4) are
DENIED AS MOOT.

IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: February 19, 2014