Johnson v. Adams

Filing 11

ORDER adopting the substance of 10 Partial Report and Recommendations as its own; directing the Clerk of Court to indicate Johnson's jury demand on the docket sheet; and, directing the Clerk to prepare summons for Defendant Adams. Johnson may proceed with his failure-to-protect and inadequate-medical-care claims against Adams. All other claims are dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 6/21/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

DWAYNE E. JOHNSON
v.

PLAINTIFF
No.5:12-cv-131-DPM-JTR

ED ADAMS, Captain, W.C.
IIDub" Brassell Detention Center

DEFENDANT

ORDER
The Court has considered Magistrate Judge J. Thomas Ray's Proposed
Findings and Recommended Partial Disposition, Document No. 10. No one
has objected. Having reviewed the proposal for clear errors of fact on the face
oftherecord,FED.R. CIV.P. 72(b) (advisory committee notes to 1983 addition),
and for legal error, the Court adopts the substance of the proposal as its own.
Johnson may proceed with his failure-to-protect and inadequate-medical-care
claims against Adams. All other claims are dismissed without prejudice.
The Clerk of Court is directed to indicate Johnson's jury demand on the
docket sheet. The Clerk shall also prepare a summons for Defendant A'dams;
and the United States Marshal shall serve a copy of the complaint, amended
complaint, and summons on Adams through the W.C. "Dub" Brassell
Detention Center, 300 East Second Avenue, Pine Bluff, Arkansas, 71601. This
service shall be made without prepayment of fees and costs or security.

The Court certifies that an in forma pauperis appeal from this Order
would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.
f/

D.P. Marshall Jr.
United States District Judge

-2­