Hicks v. Butts et al

Filing 14

ORDER ADOPTING 11 PARTIAL REPORT AND RECOMMENDATIONS in their entirety as this Court's findings in all respects; Pltf shall PROCEED with his Eighth Amendment inadequate mental health care claims against defendants Butts, Parker, and Brandon; a ll other claims and defendants are DISMISSED without prejudice; the Court certifies, pursuant to 128 USC 1915(a)(3), that an ifp appeal from this Order would not be taken in good faith; the Clerk is directed to prepare a summons for defendants Butts, Parker, and Brandon, and the U.S. Marshal is directed to serve the summons, the Complaint, the Amended Complaint, and this Order upon them, through the ADC Compliance Office w/o prepayment of fees and costs or security therefor. Signed by Judge Brian S. Miller on 6/5/09. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION OLAJUWON HICKS ADC #122781 V. B. BUTTS, Sergeant, Grimes Unit, Arkansas Department of Correction 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A: (a) 1:09CV00011 BSM/JTR DEFENDANTS PLAINTIFF plaintiff shall PROCEED with his Eighth Amendment inadequate mental health care claims against defendants Butts, Parker, and Brandon; and (b) all other claims and defendants are DISMISSED, WITHOUT PREJUDICE. 2. The court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this Order would not be taken in good faith 3. The Clerk is directed to prepare a summons for defendants Butts, Parker, and Brandon, and the United States Marshal is directed to serve the summons, the Complaint, the Amended Complaint, and this Order upon them, through the ADC Compliance Office without prepayment of fees and costs or security therefor.1 Dated this 5th day of June, 2009. UNITED STATES DISTRICT JUDGE If any of the defendants are is no longer ADC employees, the person responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the unserved defendant's last known private mailing address. 1

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