Campbell v. Arkansas Department of Correction et al

Filing 12

ORDER adopting 9 PARTIAL REPORT AND RECOMMENDATIONS in their entirety; therefore, deft ADC is DISMISSED WITH PREJUDICE; pltf's state law negligence claim is DISMISSED WITH PREJUDICE; pltf's state battery claim, and Fourteenth Amendment du e process claims are DISMISSED WITHOUT PREJUDICE; pltf may proceed with his Eighth Amendment failure to protect claims against defts Harris, May, Whalen, Golden, Banks, Meizner, Walker, and Jones; the U.S. Marshal is directed to serve summons, complaints 2 7 8 , and this Order on defts without prepayment of fees and costs; Arkansas Department of Correction terminated. Signed by Chief Judge J. Leon Holmes on 3/29/11. (vjt)

-JTR Campbell v. Arkansas Department of Correction et al

Doc. 12

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION MARK E. CAMPBELL, ADC #144234 v. ARKANSAS DEPARTMENT OF CORRECTION, et al. 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. suit. 2. Plaintiff's pendent state law negligence claim is DISMISSED, WITH PREJUDICE, Defendant ADC is DISMISSED, WITH PREJUDICE, because it is immune from Case No. 5:11CV00021 JLH/JTR PLAINTIFF

DEFENDANTS

because Defendants are entitled to immunity. 3. Plaintiff's pendent state battery claim is DISMISSED, WITHOUT PREJUDICE,

because he has failed to state a claim upon which relief may be granted. 4. Plaintiff's Fourteenth Amendment due process claims are DISMISSED, WITHOUT

PREJUDICE, because he has failed to state a claim upon which relief may be granted. 5. Plaintiff may PROCEED with his Eighth Amendment failure to protect claims against

Defendants Harris, May, Whalen, Golden, Banks, Meizner, Walker, and Jones.

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6.

The Clerk is directed to prepare a summons for Defendants Harris, May, Whalen,

Golden, Banks, Meizner, Walker, and Jones, and the U.S. Marshal is directed to serve the summons, the Complaint, Amended Complaint, Second Amended Complaint, and this Order on them through the ADC Compliance Division, without prepayment of fees and costs or security therefor.1 7. 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. Dated this 29th day of March, 2011.

UNITED STATES DISTRICT JUDGE

If any of the Defendants are no longer ADC employees, the ADC Compliance Office shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 2

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