Williams v. Harmon et al

Filing 13

ORDER ADOPTING 9 Partial Report and Recommendations allowing plaintiff to proceed with claims against all defts except Bryant, Barton and Harjo, which defts are voluntarily dismissed, without prejudice; certifying that an ifp appeal from this Order would not be taken in good faith; directing the Clerk to prepare summonses for the remaining defts and the U.S. Marshal to serve the summons, Substituted Complaint and this Order on those defts through the ADC Compliance Division, without prepayment of fees therefor. Signed by Judge William R. Wilson, Jr on 6/16/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DAVID WILLIAMS ADC #78730 v. 2:09CV00044-WRW-JTR DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the objections filed. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition are approved and adopted in their entirety as this Court's findings in all respects. Based on the screening function mandated by 28 U.S.C. 1915A: (a) Plaintiff may proceed with his denial of yard call, handcuffing, and inadequate medical care claims against Defendants Harmon, Jackson, Ester, Evans, Stewart, Foreman, Parker, Jamison, Maney, Decoursey, Ivory, Dean, Franklin, and Clemmons; (b) Defendants Bryant, Barton, and Harjo are VOLUNTARILY DISMISSED, WITHOUT PREJUDICE; and (c) all other claims and Defendants are DISMISSED, WITHOUT PREJUDICE. Further, the Court certifies, based on 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this Order would not be taken in good faith. The Clerk is directed to prepare a summons for Defendants Harmon, Jackson, Ester, Evans, Stewart, Foreman, Parker, Jamison, Maney, Decoursey, Ivory, Dean, Franklin, and Clemmons. The United States Marshal is directed to serve PLAINTIFF GREG HARMON, Warden, East Arkansas Regional Unit, et al. the summons, the Substituted Complaint (Doc. No. 6), and this Order on those Defendants through the ADC Compliance Division, without prepayment of fees and costs or security therefor.1 IT IS SO ORDERED this 16th day of June, 2009. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE If any of the Defendants are no longer ADC employees, the ADC Compliance Office will file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 1

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