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Day v. May

August 14, 2007

RICHARD DELON DAY, JR. ADC #88100 PLAINTIFF
v.
LARRY MAY, DEPUTY DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, ET AL. DEFENDANTS



ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.

IT IS THEREFORE ORDERED that:

1. Defendants Food Service Administrator John Doe #1 and ADC Dietician John Doe #2 are DISMISSED, WITHOUT PREJUDICE, due to a lack of service pursuant to Fed. R. Civ. P. 4(m).

2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting this Recommended Partial Disposition would not be taken in good faith.

20070814

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