Percefull v. Robertson et al

Filing 16

ORDER ADOPTING 10 Partial Report and Recommendations with one modification and dismissing all other claims without prejudice. The Clerk is directed to prepare a summons for defts Tate and Robertson; and the U.S. Marshal is directed to serve the summons, substituted complaint, and this Order on them through the ADC Compliance Division, without prepayment of fees. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 8/16/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICHARD PERCEFULL
ADC# 148005

v.

PLAINTIFF

No. 5:12-cv-171-DPM-JTR

VERNON ROBERTSON ET AL.

DEFENDANT
ORDER

The Court has considered Magistrate Judge J. Thomas Ray's proposed
findings and recommended partial disposition, Document No. 10, and
Percefull's objections, Document No.15. On de novo review, the Court adopts
the substance of Judge Ray's proposal as its decision, with one modification:
based on the new allegations in the objections, Percefull may proceed with his
inadequate-medical-care claim against Defendant Robertson, as well as
Defendant Tate. All other claims are dismissed without prejudice.
The Clerk is directed to prepare a summons for Defendants Tate and
Robertson; and the United States Marshal is directed to serve the summons,
substituted complaint, and this Order on them through the ADC Compliance
Division 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.

D.P. Marshall Jr.
United States District Judge

-2-