Williams v. Paxson et al

Filing 13

ORDER ADOPTING Partial Report and Recommendations 10 dismissing deft Talley with prejudice and allowing pltf to proceed with claims against the remaining defts; directing the Clerk to prepare a Summons for defts and the U.S. Marshal to serve summons, complaint, amended complaint and this order on them without prepayment of fees therefor. Signed by Judge Brian S. Miller on 3/27/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION HAKIM MALIK WILLIAMS ADC #92994 V. PAXSON, Captain, Pulaski County Jail, et al. 4:09CV00060 BSM/JTR DEFENDANTS PLAINTIFF 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A: (1) Defendant Talley is DISMISSED, WITH PREJUDICE, because Plaintiff has failed to state a viable due process claim against him; and (2) Plaintiff shall PROCEED with his excessive force claims against the remaining Defendants. 2. 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. 3. The Clerk is directed to prepare a Summons for Defendants Paxson, Green, Hendrix, Burnett, Jackson, Miller, Bangs, Bennett, Blankton, McKeever, and Morgan, and the U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint, and this Order on them without prepayment of fees and costs or security therefor.1 Dated this 27th day of March, 2009. UNITED STATES DISTRICT JUDGE If any of the Defendants are no longer Pulaski County employees, the person responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the unserved Defendant's last known private mailing address. 1

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