Mayo v. Norris et al

Filing 9

ORDER ADOPTING 6 Partial Report and Recommendations allowing plaintiff to proceed with his free exercise claim against defts Norris, Hobbs, Harmon, Carnes and James; and dismissing deft Arkansas Dept of Correction with prejudice; certifying that an ifp appeal taken from this Order would not be in good faith; and directing the Clerk to prepare summons for defts and the U.S. Marshal to serve the summons, complaint, amended complaint and this order on them through the ADC Compliance Division without prepayment of costs therefor. Signed by Judge Brian S. Miller on 7/22/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RANDY T. MAYO ADC #134578 V. 2:09CV00066 BSM/JTR DEFENDANTS PLAINTIFF LARRY NORRIS, Director, Arkansas Department of Correction, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. 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 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: (a) Plaintiff shall PROCEED with his free exercise claim against Defendants Norris, Hobbs, Harmon, Carnes, and James; and (b) Defendant Arkansas Department of Correction is DISMISSED, WITH PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than 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 Norris, Hobbs, Harmon, Carnes, and James. The United States Marshal is directed to serve the summons, the Complaint, the Amended Complaint, and this Order on them through the ADC Compliance Division without prepayment of fees and costs or security therefor.1 Dated this 22nd day of July, 2009. UNITED STATES DISTRICT JUDGE If any 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. 1

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