Cox v. Payne et al

Filing 7

ORDER adopting, in its entirety, 6 Partial Recommended Disposition as this Court's findings in all respects; allowing Mr. Cox to proceed with his First Amendment free speech and Fourteenth Amendment equal protection claims against defendants J ackson, Moss, Rogers, Smith, Penix, Cowell, Reed, Straughn, Lee, Holzbierlein, and Hurst; dismissing, without prejudice, Mr. Cox's remaining claims for failure to state a claim upon which relief may be granted; dismissing, without prejudice, def endants Payne, Brown, Castillo, Morris, Sparks, Davis, Glass, Havorstick, Fry, Brownfield, and Pigford as parties to this lawsuit; and certifying an in forma pauperis appeal from this Order would be frivolous and not taken in good faith. Signed by Judge Kristine G. Baker on 1/17/2023. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
DON MICHAEL COX
ADC #165013
v.

PLAINTIFF
Case No. 3:22-cv-00275-KGB-JJV

DEXTER PAYNE,
Deputy Director, ADC; et al.

DEFENDANTS
ORDER

The Court has reviewed the Partial Recommended Disposition submitted by United States
Magistrate Judge Joe J. Volpe (Dkt. No. 6). Plaintiff Don Michael Cox has not filed any
objections, and the time to do so has passed. After careful consideration, the Court adopts the
Partial Recommended Disposition in its entirety as its findings in all respects (Id.).
Accordingly, Mr. Cox may proceed with his First Amendment free speech and Fourteenth
Amendment equal protection claims against defendants Jackson, Moss, Rogers, Smith, Penix,
Cowell, Reed, Straughn, Lee, Holzbierlein, and Hurst. The Court dismisses without prejudice Mr.
Cox’s remaining claims for failure to state a claim upon which relief may be granted. The Court
dismisses without prejudice defendants Payne, Brown, Castillo, Morris, Sparks, Davis, Glass,
Havorstick, Fry, Brownfield, and Pigford as parties to this lawsuit. The Court certifies, pursuant
to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would be frivolous
and not taken in good faith.
It is so ordered this 17th day of January, 2023.
________________________________
Kristine G. Baker
United States District Judge