Bargo v. Kelly et al

Filing 19

ORDER approving and adopting 17 Partial Report and Recommendations in their entirety as this Court's findings in all respects; plaintiff may proceed with his April 2011 content-based freedom of speech claim against Defendants Tyler, May, and Banks; dismissing all other claims and Defendants without prejudice for failing to state a claim upon which relief may be granted; directing the Clerk to prepare summons for Defendants Tyler, May, and Banks; and, certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody on 8/15/2012. (dmn)

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

JEROME ALLEN BARGO,
ADC #75423
V.

PLAINTIFF
5:12CV00127 JMM/JTR

WENDY KELLEY, Assistant Director,
Arkansas Department of Correction, et al.

DEFENDANTS

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,

Plaintiff may PROCEED with his April 2011, content-based freedom of speech claim
against Defendants Tyler, May, and Banks.
2.

All other claims and Defendants are DISMISSED, WITHOUT

PREJUDICE, for failing to state a claim upon which relief may be granted.

3.

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

and Banks, and the U.S. Marshal is directed to serve the summons, Substituted
Complaint, and this Order on them without prepayment of fees and costs or security
therefor.1
4.

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 15th day of August, 2012.

UNITED STATES DISTRICT JUDGE

1

If any of the Defendants are no longer ADC employees, the individual
responding to service must file the unserved Defendant’s last known private mailing
address under seal.