Walker v. Burls

Filing 10

ORDER ADOPTING 8 the partial recommended disposition; allowing Plaintiff's equal protection claim to proceed and dismissing his due process claim; directing the clerk to prepare a summons for Burls; directing the USMS to serve the summons, complaint and this order on Burls; and certifying that an in forma pauperis appeal from this order would not be in good faith. Signed by Chief Judge Brian S. Miller on 5/15/2015. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ANTHONY DEWAYNE WALKER,
ADC #107683
v.

PLAINTIFF

CASE NO. 2:15CV00021 BSM

DANNY BURLS,
Warden, Tucker Maximum Security Unit, ADC

DEFENDANT

ORDER
The partial recommended disposition (“PRD”) submitted by United States Magistrate
Judge J. Thomas Ray and plaintiff’s objections thereto have been reviewed. After a careful
consideration of these documents, and a de novo review of the record, the PRD is hereby
approved and adopted in its entirety in all respects.
IT IS, THEREFORE, ORDERED THAT:
1

Plaintiff’s equal protection claim is allowed to proceed and his due process

claim is dismissed with prejudice;
2

The clerk is directed to prepare a summons for Burls, and the U.S. Marshal is

directed to serve the summons, complaint, and this order on Burls through the ADC
compliance division without prepayment of fees and costs or security therefor (if Burls is no
longer an ADC employee, the ADC compliance division must file, with the return of
unexecuted service, a SEALED statement providing his last known private mailing address);
and
3

It is certified, 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.
IT IS SO ORDERED this 15th day of May 2015.

________________________________
UNITED STATES DISTRICT JUDGE

2