Andrews v. Kelley et al

Filing 8

ORDER ADOPTING 6 Recommended Partial Disposition. Plaintiff may proceed with his retaliation claim against Defendants Kelley, Lay, Westbrook, Green-Davis, and Ford. All other claims and Defendants are dismissed without prejudice for failing to st ate a claim upon which relief may be granted. The Clerk is directed to prepare a summons for Defendants Kelley, Lay,Westbrook, Green-Davis, and Ford. The U.S. Marshal is directed to serve the summons, Substituted Complaint, and this Order on them through the ADC Compliance Office without prepayment of fees and costs or security therefor. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 8/12/2015. (mcz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

HARRY W. ANDREWS,
ADC #83824
V.

PLAINTIFF
2:15CV00073 JM/JTR

WENDY KELLEY,
Director, ADC, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommended 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 Recommended Disposition should be, and hereby is,
approved and adopted in its entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff may proceed with his retaliation claim against Defendants

Kelley, Lay, Westbrook, Green-Davis, and Ford.
2.

All other claims and Defendants are dismissed without prejudice for

failing to state a claim upon which relief may be granted.
3.

The Clerk is directed to prepare a summons for Defendants Kelley, Lay,

Westbrook, Green-Davis, and Ford. The U.S. Marshal is directed to serve the

summons, Substituted Complaint, and this Order on them through the ADC
Compliance Office without prepayment of fees and costs or security therefor1
4.

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.
Dated this 12th day of August, 2015.

UNITED STATES DISTRICT JUDGE

1

If ay of the Defendants are no longer ADC employees, the ADC Compliance Office must
file a sealed statement containing the unserved Defendant's last known private mailing address.