Heard v. Lopez et al, No. 4:2018cv00191 - Document 12 (E.D. Ark. 2018)
Court Description: ORDER adopting 5 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects; dismissing without prejudice Mr. Heard's failure to protect claim; dismissing without prejudice Defendants John Staley and Margie Grigsby from this action; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 6/25/2018. (cmn)
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Heard v. Lopez et al Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION DARIUS HEARD v. PLAINTIFF Case No. 4:18-cv-00191-KGB-JJV STEVE LOPEZ, Jail Administrator, Lonoke County Sheriff’s Office; et al. DEFENDANTS ORDER Before the Court are Proposed Findings and Recommendations filed by United States Magistrate Judge Joe J. Volpe (Dkt. No. 5). No objections to the Proposed Findings and Recommendations have been filed, and the time for filing objections has passed. After review, this Court adopts the Proposed Findings and Recommendations in their entirety as this Court’s findings in all respects. Plaintiff Darius Heard may proceed on his due process claim against defendant Steve Lopez. Mr. Heard’s failure to protect claim is dismissed without prejudice. Defendants John Staley and Margie Grigsby are dismissed from this action without prejudice. The Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this Order would not be taken in good faith. So ordered this 25th day of June, 2018. _______________________________ Kristine G. Baker United States District Judge Dockets.Justia.com
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