Gray v. Mills et al

Filing 10

ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 7 of U.S. Magistrate Judge J. Thomas Ray. Plaintiff shall proceed with his inadequate medical care claims against Defts Cox & Houchin, & his freedom of religion claim against Defendant Arnold. Pur suant to the screening function mandated by 28 U.S.C. Section 1915A, all remaining claims & Defendants are dismissed, with prejudice, because Plaintiff has failed to state a claim upon which relief may be granted. The Court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Defendants Chris Holt and Larry Mills are terminated. The Clerk is directed to prepare summons for Defendants Arnold, Cox & Houchin, & the U.S. Marshal is directed to serve said Defendants. Signed by Chief Judge J. Leon Holmes on 2/1/08. (jct)

Gray v. Mills et al

Doc. 10

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION RUBBY JAMES GRAY V. LARRY MILLS, Sheriff, Poinsett County, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. Plaintiff shall PROCEED with his: (a) inadequate medical care claims against 3:07CV00188 JLH/JTR PLAINTIFF

DEFENDANTS

Defendants Cox and Houchin; and (b) his freedom of religion claim against Defendant Arnold. 2. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, all remaining

claims and Defendants are DISMISSED, WITH PREJUDICE, because Plaintiff has failed to state a claim upon which relief may be granted. 3. The Court CERTIFIES, 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. 4. The Clerk is directed to prepare a summons for Defendants Arnold, Cox, and

Houchin, and the United States Marshal is directed to serve the summons, Complaint, Amended Complaint, and this Order upon them without prepayment of fees and costs or security therefor.

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Dated this 1st day of February, 2008.

UNITED STATES DISTRICT JUDGE