Nevels v. Edwards

Filing 8

ORDER adopting 5 Proposed Findings and Recommended Partial Disposition in their entirety in all respects. Nevels may proceed with his racial discrimination against Edwards in his personal capacity only. All other claims are dismissed without prejud ice. The Clerk of Court is directed to prepare a summons for Edwards. The United States Marshal is directed to serve the summons, complaint, and this order on Edwards without prepayment of fees and costs or security therefor. 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. Signed by Chief Judge Brian S. Miller on 10/14/2014. (ks)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION COURTEZ D. NEVELS, ADC #153075 v. PLAINTIFF CASE NO. 4:14CV00495 BSM CLAYTON EDWARDS, Captain, White County Detention Center DEFENDANT ORDER The proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray have been received. No objections have been filed. After careful review, it is concluded that the proposed findings and recommended partial disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Nevels may proceed with his racial discrimination against Edwards in his personal capacity only. 2. All other claims are dismissed without prejudice. 3. The clerk is directed to prepare a summons for Edwards. The United States Marshal is directed to serve the summons, complaint, and this order on Edwards without prepayment of fees and costs or security therefor. 4. It is certified, pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal from this order would not be taken in good faith. DATED this 14th day of October 2014. ________________________________ UNITED STATES DISTRICT JUDGE 2

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