Mitchell v. Arkansas Department of Correction

Filing 14

ORDER APPROVING AND ADOPTING 11 PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION in their entirety as this Court's findings in all respects; dismissing Plaintiff's claim against ADC with prejudice; dismissing Plaintiff's claim a gainst Doss without prejudice. Mr. Martin may proceed with his inadequate medical care claim against defendant King. The Clerk of the Court is directed to prepare a summons for defendant K. King; the U.S. Marshal is directed to serve the summons, c omplaint, amended complaint and this Order on her through the Humphries and Odum law firm without prepayment of fees and costs or security therefor. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 05/05/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
KEVIN MARTIN MITCHELL, SR.
ADC #500399
v.

PLAINTIFF

Case No. 1:13-cv-00092 KGB/JTR

ARKANSAS DEPARTMENT OF CORRECTION,
Grimes Unit, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 11). No objections have
been filed, and the time for filing objections has passed.

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.

Plaintiff Kevin Martin Mitchell, Sr.’s claim against the ADC is dismissed with

prejudice.
2.

Mr. Martins’ claim against defendant Doss is dismissed without prejudice.

3.

Mr. Martin may proceed with his inadequate medical care claim against defendant

4.

The Clerk of the Court is directed to prepare a summons for defendant K. King.

King.

The U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this
Order on her through the Humphries and Odum law firm without prepayment of fees and costs or
security therefor. If Ms. King is no longer an employee of Correctional Care Services, the

Humphries and Odum law firm is directed to file a sealed statement containing Ms. King’s last
known private mailing address.
5.

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.
SO ORDERED this the 5th day of May, 2014.

_______________________________
Kristine G. Baker
United States District Judge

2