Briley v. Cole et al

Filing 14

ORDER ADOPTING 12 Partial Report and Recommendations and dismissing plaintiff's due process challenge to his disciplinary conviction with prejudice and allowing plaintiff to proceed with his remaining claims against defts; certifying that an i fp appeal taken from this order would not be in good faith; and directing the Clerk to prepare a summons for defts, the U.S. Marshal to serve the summons, complaint and this order on those defts without prepayment of fees or costs therefor. Signed by Judge Brian S. Miller on 12/18/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDDIE BRILEY, JR. V. 5:09CV00220 BSM/JTR DEFENDANTS PLAINTIFF RONNIE COLE, Chief Deputy, W.C. Dub Brassell Detention Center, et al. ORDER 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: (a) Plaintiff's due process challenge to his disciplinary conviction is DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted; and (b) Plaintiff shall PROCEED with his remaining claims against defendants. 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, and the United States Marshal is directed to serve the summons, the complaint, and this order on those defendants without prepayment of fees and costs or security therefor.1 Dated this 18th day of December, 2009. UNITED STATES DISTRICT JUDGE If any of the Defendants are no longer Brassell Detention Center employees, the individual responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 2 1

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