Sanders v. Hobbs et al

Filing 13

ORDER ADOPTING 9 Partial Report and Recommendations directing the Clerk's Office to prepare a summons for deft Page, and the U.S. Marshal to serve the summons, the substituted complaint, and this order on him, through the ADC Compliance Office without prepayment of fees. All other defts are dismissed without prejudice. If deft Page is no longer an employee of ADC, the Compliance Office shall file a sealed statement providing his last known private maililng address. Signed by Judge Brian S. Miller on 4/21/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
COREY BRIAN SANDERS
ADC #113737
v.

PLAINTIFF

CASE NO. 5:10CV00251 BSM/JTR

RAY HOBBS, Director,
Arkansas Department of Correction et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge J. Thomas Ray and the filed objections have been reviewed. After
carefully considering these documents and making a de novo review of the record, 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.

Pursuant to the screening function mandated by 28 U.S.C. § 1915A: (a)

Plaintiff shall PROCEED with his claim that, on August 18, 2009, defendant Page issued him
a retaliatory disciplinary charge; and (b) all other claims and defendants are DISMISSED,
WITHOUT PREJUDICE.
2.

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.
3.

The clerk’s office is directed to prepare a summons for defendant Page, and the

U.S. Marshal is directed to serve the summons, substituted complaint, and this order on him,

through the ADC Compliance Office, without prepayment of fees and costs or security
therefor. If defendant Page is no longer an ADC employee, the ADC Compliance Office

shall file, with the return of unexecuted service, a SEALED statement providing his last
known private mailing address.
Dated this 21st day of April, 2011.

_________________________________
UNITED STATES DISTRICT JUDGE

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