Burns v. Avery, 5:17CV00223 JLH/JTR. (2018)
Court: District Court, E.D. Arkansas
Number: infdco20180404c72
Visitors: 34
Filed: Apr. 03, 2018
Latest Update: Apr. 03, 2018
Summary: ORDER J. LEON HOLMES , District Judge . The Court has reviewed the Recommendation submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Recommendation (Document #20) is approved and adopted in its entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED THAT: 1. The Clerk is directed to file a copy of Burns's response to the motion to dismiss (Document #16) as his second amended complaint. 2. The defendants'
Summary: ORDER J. LEON HOLMES , District Judge . The Court has reviewed the Recommendation submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Recommendation (Document #20) is approved and adopted in its entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED THAT: 1. The Clerk is directed to file a copy of Burns's response to the motion to dismiss (Document #16) as his second amended complaint. 2. The defendants' ..
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ORDER
J. LEON HOLMES, District Judge.
The Court has reviewed the Recommendation submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Recommendation (Document #20) is approved and adopted in its entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED THAT:
1. The Clerk is directed to file a copy of Burns's response to the motion to dismiss (Document #16) as his second amended complaint.
2. The defendants' motion to dismiss (Document #9) is GRANTED IN PART and DENIED IN PART.
3. Burns's inadequate nutrition claim against Avery, Budnik, and Starks is dismissed without prejudice.
4. Budnik and Starks are dismissed without prejudice as defendants in this action.
5. Burns is allowed to proceed with his excessive force claim against Avery in his individual capacity.
6. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an in forma pauperis appeal from this Order would not be taken in good faith.
Source: Leagle
