Evans v. Ross, No. 4:2020cv01497 - Document 14 (E.D. Ark. 2021)
Court Description: ORDER adopting 5 proposed findings and recommendations in their entirety; allowing Plaintiff to proceed with his failure to protect and discrimination claims against Defendant in her individual capacity only; dismissing without prejudice Plaintiff's official capacity claims against Defendant; and certifying that an in forma pauperis appeal from this Order is considered frivolous and not in good faith. Signed by Judge Lee P. Rudofsky on 04/20/2021. (ajt)
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Evans v. Ross Doc. 14 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION CORJALON EVANS v. PLAINTIFF Case No. 4:20-cv-01497-LPR-JJV TIERA ROSS or RAWS, Deputy, Brassell Detention Center DEFENDANT ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Joe J. Volpe. (Doc. 5). There have been no objections. After a careful and de novo review of the proposed findings and recommendations, as well as the record, the Court adopts the proposed findings and recommendations in their entirety. Accordingly, Plaintiff may proceed with his failure to protect and discrimination claims against Defendant in her individual capacity only. Plaintiff’s official capacity claims against Defendant are DISMISSED without prejudice. The Court certifies pursuant to 28 U.S.C. ' 1915(a)(3) that an in forma pauperis appeal from this Order is considered frivolous and not in good faith. IT IS SO ORDERED this 20th day of April 2021. ________________________________ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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