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Nichols v. Peppers

United States District Court, E.D. Arkansas, Pine Bluff Division

July 9, 2015

BILLY MACK NICHOLS, JR. ADC # 092713, Plaintiff,
v.
SONYA PEPPERS, Doctor, Tucker Maximum Security Unit, et al., Defendants.

ORDER

BRIAN S. MILLER, Chief District Judge.

The proposed findings and partial recommended disposition submitted by United States Magistrate Judge Thomas J. Ray and plaintiff's objections thereto have been received. After carefully considering the objections and making a de novo review of the record, it is concluded that the proposed findings and partial recommended disposition should be, and hereby are, approved and adopted in their entirety.

IT IS, THEREFORE, ORDERED that:

1. Plaintiff is allowed to proceed with his inadequate medical care claims against defendant Sonya Peppers.

2. The clerk of court shall prepare summons for defendant Peppers and the United States Marshal shall serve a copy of the complaint [Doc. No. 3] and summons on her without prepayment of fees and costs or security.

3. Defendants Marvin Hughey and Alva M. Green are dismissed without prejudice for failure to state a claim upon which relief can be granted.

4. It is certified, pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith.

5. Plaintiff's motion to amend/correct his objection [Doc. No. 28] is denied as moot.

IT IS SO ORDERED.


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