Quinones v. Outlaw et al

Filing 12

ORDER ADOPTING IN PART AND REJECTING IN PART 9 PARTIAL REPORT AND RECOMMENDATIONS. The Court directs the Clerk to show Document No. 11 as granted, and the paper will stand as Quinones's second amended complaint. The Court further directs the Clerk to issue summons. The U.S. Marshal is directed to serve Document No. 11 and summons on defts Outlaw, Carlton, Molina, Dube-Gilley, and Heuett, and file proof of service. The Court certifies that an ifp appeal of the decisions made in this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/3/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION GUILLERMO QUINONES REG# 22965-004 v. PLAINTIFF No.2:11-cv-149-DPM T.C. OUTLAW, Warden, FCI-Forrest City; JILL DUBE-GILLEY, Unit Manager, FCI-Forrest City; G. MALDONADO JR., Regional Director, South Central Region, Federal Bureau of Prisons; JORGE L. PASTRANA, Warden, FCI-Coleman; AMY CARLTON, Associate Warden, FCI-Forrest City; A. MOLINA, Doctor, FCI-Forrest City; and D.W. HEUETT, Associate Warden, FCI-Forrest City DEFENDANTS ORDER Instead of objecting to the Honorable J. Thomas Ray's Proposed Findings and Recommended Partial Disposition, Document No.9, Quinones has filed another proposed amended complaint. The Clerk docketed the paper, Document No. 11, as a motion to amend. On de novo review, the Court adopts Magistrate Judge Ray's proposal in part and rejects it in part. Quinones's access-to-courts claim, his equalprotection claim, and his due process claim - which run against Defendants Outlaw, Dube-Gilley, Malonado, and Pastrana-are all dismissed without prejudice. Quinones may pursue those claims in his pending § 2241 habeas action. For screening purposes only, the Court concludes that Quinones's proposed second amended complaint pleads sufficient facts to state retaliation, inadequate-care, and conspiracy claims against Defendants Outlaw, Carlton, Molina, Dube-Gilley, and Heuett. The Court therefore directs the Clerk to show Document No. 11 as granted and the paper will stand as Quinones's second amended complaint. The Court further directs the Clerk to issue summonses. And the Court directs the U.S. Marshal to serve Document No. 11 and summons on Defendants Outlaw, Carlton, Molina, Dube-Gilley, and Heuett, and file proof of service. The Court certifies that an informa pauperis appeal of the decisions made in this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3). So Ordered. 1:­ 1t7Pw;~d.~ D.P. Marshall Jr. United States District Judge -.lJanuary 2012 -2­

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