Lewis v. Hall et al

Filing 7

ORDER ADOPTING 5 Partial Report and Recommendations in their entirety, therefore, pltf's pendent state law negligence claims are DISMISSED WITH PREJUDICE, and he may proceed with his Eighth Amendment failure to protect claims against defts Hal l and Heard; the U.S. Marshal is directed to serve summons, complaint and this Order on defts without prepayment of fees and costs; defts shall LOCATE AND PRESERVE any available video recordings of the July 24, 2010 attack on pltf. Signed by Judge Susan Webber Wright on 11/2/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KENNETH LEWIS,
ADC #87974
V.

PLAINTIFF
5:11CV00256 SWW/JTR

C.W. HALL, Chief of Security; and
ALICE HEARD, Correctional Officer,
Diagnostic Unit, Arkansas Department of Correction

DEFENDANTS

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.

Plaintiff’s pendent state law negligence claims are DISMISSED, WITH

PREJUDICE, and he may PROCEED with his Eighth Amendment failure to protect
claims against Defendants Hall and Heard.
2.

The Clerk is directed to prepare a summons for Defendants Hall and

Heard, and the U.S. Marshal is directed to serve the summons, Complaint, and this

Order on them through the ADC Compliance Division without prepayment of fees and
costs or security therefor.1
4.

Defendants shall LOCATE AND PRESERVE any available video

recordings of the July 24, 2010 attack on Plaintiff.
5.

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 2nd day of November, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

If either 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.