Aaron v. Kelly et al

Filing 8

ORDER adopting as its own 5 Partial Recommended Disposition; Aaron may proceed with his inadequate-medical-care and retaliation claims; dismissing Aaron's due process claim without prejudice; dismissing Defendant Wendy Kelly without prejudice ; directing the Clerk of Court to prepare summons for Defendants Holeman, Stills, Defir, and Iko; directing the U.S. Marshal to serve copies of the complaint and summons on Defendants Holeman, Stills, and Defir through the Delta Regional Unit, and se rve the complaint and summons on Dr. Iko through the Arkansas Department of Correction; and, certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Service shall be made without prepayment of fees and costs or security. Magistrate Judge Ray may order service on additional parties when Aaron's 6 Motion for Service is resolved. Signed by Judge D. P. Marshall Jr. on 6/26/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

KAMEON V ANKEIS AARON

ADC # 129521
V.

PLAINTIFF

No.5:12-cv-181-DPM-JTR

t

WENDY KELLY, Health Services
Administrator, Arkansas Department
of Correction; HOLEMAN, Supervisor,
Delta Regional Unit, ADC; BRENDA
STILLS, LPN, Delta Regional Unit, ADC;
MARILYN DEFIR, Nurse, Delta Regional
Unit, ADC; DR. IKO, Delta Regional Unit,
ADC; and DOES, Health Services Administration,
Arkansas Department of Correction

DEFENDANTS

ORDER
The Court has considered Magistrate Judge J. Thomas Ray's Proposed
Findings and Recommended Partial Disposition, Document No.5. No one has
objected. Having reviewed the proposal for clear errors of fact on the face of
the record, FED. R. CIV. P. 72(b) (advisory committee notes to 1983 addition),
and for legal error, the Court adopts the proposal as its own. Aaron may
proceed with his inadequate-medical-care and retaliation claims. His due
process claim is dismissed without prejudice. Defendant Wendy Kelly is also
dismissed without prejudice.

I'

The Clerk of Court shall prepare summonses for Defendants Holeman,
Stills, Defir, and Iko. The United States Marshal shall serve copies of the
complaint and summons on Defendants Holeman, Stills, and Defir through
the Delta Regional Unit, 880 East Gaines, Dermott, Arkansas, 71638. The
Marshal shall serve the complaint and summons on Dr. Iko through the
Arkansas Department of Correction, P.O. Box 8707, Pine Bluff, Arkansas,
7J611-8707. Service shall be made without prepayment of fees and costs or
security. Magistrate Judge Ray may order service on additional parties when
Aaron's motion for service, Document No.6, is resolved.
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 Jrt?

United States District Judge

j'

-2­