Champion v. Akin et al

Filing 21

ORDER ADOPTING 10 Partial Report and Recommendations and directing the Clerk to prepare a summons for defts Akin, Burl, and Ball, 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 fees; and certifying that an ifp appeal would not be taken in good faith. Signed by Judge James M. Moody on 4/25/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JERRY CHAMPION
ADC #91354
V.

PLAINTIFF
2:11CV0051 JMM/JTR

KESHIA AKIN, Correctional Officer,
East Arkansas Regional Unit, ADC

DEFENDANTS

ORDER
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 with the exception that this Court
finds for screening purposes only based upon Plaintiff’s objections that Plaintiff has stated a viable
inadequate medical care claim against Defendants Akin, Burl, and Ball regarding Plaintiff’s feet and
skin problems.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff may PROCEED with his inadequate medical care claims as described above,

and that all other claims are DISMISSED, WITHOUT PREJUDICE.
2.

The Clerk is directed to prepare a summons for Defendants Akin, Burl, and Ball, and

the U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint, and this Order
on them through the ADC Compliance Division, without prepayment of fees and costs or security

therefor.1
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

25

day of

April

, 2011.

UNITED STATES DISTRICT JUDGE

1

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.