Gonzalez v. Rivera et al

Filing 12

ORDER approving and adopting in its entirety the 6 Recommendation as this Court's findings in all respects. Gonzalez may proceed with this First Amendment religion claims, RFRA claim, Fourteenth Amendment equal protection claim, and First Ame ndment claim against Rivera, Johnson, Landers, and Does. The Clerk is directed to prepare a summons on Rivera, Johnson, and Landers and the U.S. Marshal to serve the summons, 1 complaint, 4 amended complaint, and this Order on them, without prepa yment of fees and costs or security therefor. Gonzalez's RLUIPA claim against all defendants is dismissed with prejudice. Gonzalez's Fourteenth Amendment due process claim against all Defendants is dismissed without prejudice. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 1/12/2017. (ljb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
GABRIEL GONZALEZ, REG. #30515-112
V.

PLAINTIFF

No. 2:16CV00119 JLH/JTR

C. RIVERA, Warden,
Forrest City Correctional Complex, et al.

DEFENDANTS
ORDER

The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray and the filed objections. After completing a de novo review of the record in this
case, the Recommendation is approved and adopted in its entirety as this Court’s findings in all
respects.
1.

IT IS THEREFORE ORDERED that:
Gonzalez may proceed with this First Amendment religion claims, RFRA claim,

Fourteenth Amendment equal protection claim, and First Amendment retaliation claim against
Rivera, Johnson, Landers, and Does.
2.

The Clerk is directed to prepare a summons on Rivera, Johnson, and Landers. The

U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this Order on
them, the United States Attorney for the Eastern District of Arkansas, and the United States Attorney
General, without prepayment of fees and costs or security therefor.
3.

Gonzalez’s RLUIPA claim against all defendants is dismissed with prejudice.

4.

Gonzalez’s Fourteenth Amendment due process claim against all Defendants is

dismissed without prejudice.
5.

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 January, 2017.

UNITED STATES DISTRICT JUDGE