Boyd v. Armstrong et al

Filing 16

ORDER ADOPTING 14 Partial Report and Recommendations dismissing claims against defts Kelly, May, Baswell, Norris, Maples and Heier without prejudice. Service is appropriate for defts Cowell, Ball and Armstrong and the Clerk is directed to prepare the summons and the U.S. Marshal to serve summons, complaint and amended complaint with any attachments upon the remaining defts. Signed by Judge Brian S. Miller on 12/9/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION ALVESTER BOYD, III ADC #132604 V. SHELIA ARMSTRONG, et al ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition received from Magistrate Judge Jerry Cavaneau. There have been no NO. 1:08cv00043 BSM-JWC DEFENDANTS PLAINTIFF

objections. The Findings and Recommendations are adopted in their entirety as this Court's findings. Accordingly, Plaintiff's claims against Defendants Kelly, May, Baswell, Norris, Maples and Heier are dismissed without prejudice. Plaintiff's case shall proceed against Defendants Cowell, Ball, and Armstrong. Service is appropriate for Defendants Cowell, Ball, and Armstrong. The Clerk of the Court is directed to prepare a summons for Defendant Ball, directed to the Compliance Office of the Arkansas Department of Correction. The Clerk is further directed to prepare a summons for Defendants Cowell and Armstrong, directed to Humphries and Lewis law firm, P.O. Box 20670, White Hall, Arkansas 71612. The United States Marshal is directed to serve a copy of the original and amended complaints with any attachments (doc. 2, 6), and a summons for each Defendant without prepayment of fees and costs or security therefor. Should any Defendant need copies of other filed documents, they are available from the Clerk's office or may be accessed through the PACER system for the United States District Court. IT IS SO ORDERED this 9th day of December, 2008. __________________________________ UNITED STATES DISTRICT JUDGE