Morris v. Nettles et al

Filing 10

ORDER adopting the partial recommendation, 8 , as modified and overruling Morris's objection, 9 . The case will proceed with Morris's cruel and unusual punishment claim against Nettles and Dowell. The Clerk is directed to prepare a summon s for Nettles and Dowell, and the U.S. Marshal is directed to serve summons, complaint, and this Order on them through the ADC Compliance Office without prepayment of fees and costs or security. Morris's claims against the Grimes Correction Unit are dismissed with prejudice. To the extend Morris asserts a First Amendment and Equal Protection claim, those claims are dismissed without prejudice. An in forma pauperis appeal from the Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 6/11/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
MARK MORRIS
ADC #156949

v.

PLAINTIFF
No. 1:15-cv-17- DPM-JTR

NETTLES, Principal, Grimes Unit;
DOWELL, Assistant Principal, Grimes
Unit; and GRIMES CORRECTIONAL
UNIT, Arkansas Department of Correction

DEFENDANTS

ORDER
1. On de novo review, the Court adopts the partial recommendation, NQ

8, as modified and overrules Morris's objection, NQ 9. The case will proceed
with Morris's cruel and unusual punishment claim against Nettles and
Dowell. The Clerk is directed to prepare a summons for Nettles and Dowell,
and the U.S. Marshal is directed to serve the summons, complaint, and this
Order on them through the ADC Compliance Office without prepayment of
fees and costs or security.
2. Morris's claims against the Grimes Correctional Unit are liberally

construed as claims against the Arkansas Department of Correction. The
Eleventh Amendment bars § 1983 suits against state agencies. Monroe v.

Arkansas State University, 495 F.3d 591, 594 (8th Cir. 2007). The Grimes

Correctional Unit is therefore dismissed with prejudice. To the extent Morris
asserts a First Amendment and Equal Protection claim, those claims are
dismissed without prejudice.
3. An in forma pauperis appeal from the Order would not be taken in
good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.

D.P. Marshall Jr f/
United States District Judge

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