Jones v. Lassiter et al

Filing 13

ORDER approving and adopting 11 Partial Report and Recommendations. Plaintiff may PROCEED with her claim that Defendants Lassiter and Davis violated her equal protection rights in connection with her June 2011 disciplinary conviction, and all other claims are DISMISSED, WITHOUT PREJUDICE. The Clerk is directed to prepare a summons for Defendants Lassiter and Davis, and the U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint, and this Order on them through the ADC Compliance Division without prepayment of fees and costs or security therefor. Signed by Judge James M. Moody on 10/17/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION

DIANE JONES,
ADC #706096
V.

PLAINTIFF
1:11CV00067 JMM/JTR

LASSITER, Sergeant; and
CHAD E. DAVIS, Disciplinary Court Recorder,
McPherson Unit, Arkansas Department of Correction

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.

Pursuant to the screening function mandated by 28 U.S.C. § 1915A,

Plaintiff may PROCEED with her claim that Defendants Lassiter and Davis violated
her equal protection rights in connection with her June 2011 disciplinary conviction,
and all other claims are DISMISSED, WITHOUT PREJUDICE.
2.

The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that 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 Lassiter and

Davis, and the U.S. Marshal is directed to serve the summons, Complaint, Amended
Complaint, and this Order on them through the ADC Compliance Division without
prepayment of fees and costs or security therefor.1
Dated this 17th day of October, 2011.

UNITED STATES DISTRICT JUDGE

1

If either of the Defendants are no longer ADC employees, the ADC
Compliance Office shall file, with the return of unexecuted service, a SEALED
Statement providing the last known private mailing address for the unserved
Defendant.