Scott v. Hobbs et al

Filing 53

ORDER ADOPTING 5 PARTIAL REPORT AND RECOMMENDATIONS granting in part and denying in part 42 MOTION to Amend/Correct 2 and denying 31 MOTION for Summary Judgment filed by Deverick Scott. The Clerk is directed to docket Mr. Scott' ;s motion to amend his complaint as his amended complaint. Service is appropriate for defts Lockhart and Birdswell. The Clerk is directed to prepare summons and the U.S. Marshal is directed to serve copies of the complaint and amended complaint, with any attachments, and a summons without requiring prepayment of fees. Service should be through the ADC Compliance Office. Signed by Judge Susan Webber Wright on 4/3/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DEVERICK SCOTT
ADC #131042
V.

PLAINTIFF
No. 2:12CV00190 SWW-BD

RAY HOBBS, et al.

DEFENDANTS
ORDER

Magistrate Judge Beth Deere has filed a Partial Recommended Disposition
(“Recommendation”) addressing Mr. Scott’s motion for partial summary judgment and
his motion to amend his complaint. (Docket entries #31 and #42) After a careful review
of the Recommendation and the objections, as well as a de novo review of those portions
of the record to which the parties object, the Court concludes that the Partial
Recommendation should be adopted as this Court’s findings in all respects.
Mr. Scott’s motion for partial summary judgment (#31) is DENIED. Mr. Scott’s
due process claims against Defendants Payne and Minor are DISMISSED, with prejudice.
Mr. Scott’s motion to amend his complaint (#42) is GRANTED in part and
DENIED in part. The Clerk of the Court is directed to docket Mr. Scott’s motion to
amend his complaint as his amended complaint. Mr. Scott may proceed on his retaliation
claim against Defendant Jones, Lockhart, and Birdswell. He may also proceed on his
excessive force claim against Defendant Lane, and his failure-to-protect claim against
Defendants Lockhart and Birdswell. Mr. Scott’s remaining claims regarding the

confiscation of his personal property and the violation of his Due Process rights are
dismissed. Service for Defendants Lockhart and Birdswell is now appropriate.
The Clerk of Court is directed to prepare summonses for Defendants Lane,
Lockhart, and Birdwell. The United States Marshal is directed to serve copies of the
Complaint and the Amended Complaint, with any attachments, and a summons for these
Defendants without requiring prepayment of fees and costs or security. Service for these
Defendants should be through the Arkansas Department of Correction Compliance
Division, P.O. Box 20550, Pine Bluff, Arkansas 71612.
IT IS SO ORDERED, this 3rd day of April 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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