May v. Maples et al

Filing 11

ORDER ADOPTING 9 Partial Report and Recommendations in their entirety; therefore, pltf may proceed with his 10/16/10 failure to protect claim against defts Meglothlin and Foote, and all other claims and defts are DISMISSED WITHOUT PREJUDICE; the U .S. Marshal is directed to serve summons and complaints 2 5 7 , and this Order on defts Meglothlin and Foote without prepayment of fees and costs; Richard Guy, John Maples, Jr., Nicholas Naracon, Raylinia Ramsy, Christopher Budnik, and Antonio Garcia terminated.. Signed by Judge J. Leon Holmes on 6/25/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JOSEPH W. MAY,
ADC #100355
v.

PLAINTIFF

No. 1:13CV00041 JLH/JTR

JOHN MAPLES, JR., Warden,
Grimes Unit, ADC, et al.

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.

The plaintiff may PROCEED with his October 16, 2010,1 failure to protect claim

against defendants Meglothlin and Foote, and all other claims and defendants are DISMISSED,
WITHOUT PREJUDICE.
2.

The Clerk is directed to prepare a summons for defendants Meglothlin and Foote. The

U.S. Marshal is directed to serve the summons, substituted complaint, amended substituted
complaint, and this Order on them through the ADC Compliance Division without prepayment of fees
and costs or security therefor.2

1

If May wishes to proceed on his other claims, he must file a separate complaint in a separate

action.
2

If either of the defendants is no longer an ADC employee, the ADC Compliance Division
must file the unserved defendant’s last known private mailing address under seal.

3.

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.
DATED this 25th day of June, 2013.

UNITED STATES DISTRICT JUDGE