Thornton v. Harmon et al

Filing 9

ORDER ADOPTING 5 Partial Report and Recommendations allowing plaintiff to proceed with his due process claim regarding his transfer to the VSM, but dismissing without prejudice his remaining due process claims for failure to state a claim upon whic h relief may be granted; certifying that an ifp appeal from this Order would not be taken in good faith; and directing the Clerk to prepare a summons for defts Harmon, Hobbs, Gibson, Clay, and Mayo and the U.S. Marshal to serve the summons, Complaint, Partial Recommended Disposition, and this Order upon them without prepayment of fees and costs therefor. Signed by Judge Brian S. Miller on 5/26/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BILLY THORNTON, JR. ADC #89714 V. GREG HARMON, Warden, East Arkansas Regional Unit, ADC ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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: (a) 5:09CV00110 BSM/JTR DEFENDANTS PLAINTIFF Plaintiff shall PROCEED with his due process claim regarding his transfer to the VSM; and (b) his remaining due process claims are DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be granted. 2. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than 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 Harmon, Hobbs, Gibson, Clay, and Mayo, and the United States Marshal is directed to serve the summons, the Complaint, the Partial Recommended Disposition, and this Order upon them without prepayment of fees and costs or security therefor. 1 Dated this 26th day of May, 2009. UNITED STATES DISTRICT JUDGE If any of the Defendants are longer ADC 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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