Gater v. Carvajal et al, No. 2:2020cv00146 - Document 17 (E.D. Ark. 2020)
Court Description: ORDER adopting 14 proposed findings and recommendations; allowing Jerry Gater's retaliation and failure-to-protect claims against defendant Brister to proceed; dismissing without prejudice all other claims; dismissing without prejudice Defenda nts Carvajal, Hendrix, Hanks, Chambers, McAlliste, and Williams; dismissing the United States of America with prejudice; and certifying that an in forma pauperis appeal from this order would not betaken in good faith. Signed by Judge Brian S. Miller on 9/22/2020. (jbh)
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Gater v. Carvajal et al Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION JERRY L. GATER Reg. #42525-044 v. PLAINTIFF CASE NO. 2:20-CV-00146-BSM Micael D. Carvajal, et al. DEFENDANTS ORDER The proposed findings and recommendations (“RD”) from United States Magistrate Judge Joe J. Volpe [Doc. No. 14] has been received. After reviewing the record de novo, the RD is adopted. Jerry Gater’s retaliation and failure-to-protect claims against defendant Brister may proceed. All other claims are dismissed without prejudice for failure to state a claim upon which relief may be granted. Defendants Carvajal, Hendrix, Hanks, Chambers, McAlliste, and Williams are dismissed without prejudice because Gater has not pled a plausible claim against them. The United States of America is dismissed with prejudice because it is not a proper party. It is certified that an in forma pauperis appeal from this order would not be taken in good faith. 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED this 22nd day of September, 2020. UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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