Benjamin v. Hobbs et al

Filing 11

ORDER ADOPTING 7 Partial Report and Recommendations in their entirety; therefore, the Clerk is directed to add Sgt. Brinker and Sgt. Ruth as defts; pltf may proceed with his excessive force claims against defts Williams, Shipman, Brinker, and Ruth ; all other claims and defts are DISMISSED WITHOUT PREJUDICE; pltf's 3 Motion for Preliminary Injunction is DENIED; the U.S. Marshal is directed to serve summons, complaint, and this Order on defts without prepayment of fees and costs; Brinker and Ruth added. Signed by Judge J. Leon Holmes on 9/11/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MICHAEL BENJAMIN, ADC #139727
v.

PLAINTIFF

No. 5:12CV00237 JLH/JTR

RAY HOBBS, 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.

The Clerk is directed to add Sergeant Brinker and Sergeant Ruth as defendants.

2.

Plaintiff may PROCEED with his excessive force claims against defendants Williams,

Shipman, Brinker, and Ruth.
3.

All other claims and defendants are DISMISSED, WITHOUT PREJUDICE.

4.

Plaintiff’s motion for a preliminary injunction (docket entry #3) is DENIED.

5.

The Clerk is directed to prepare a summons for defendants Williams, Shipman,

Brinker, and Ruth. The United States 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

1

If any of the defendants are no longer ADC employees, the ADC Compliance Office must file, with
the return of unexecuted service, a SEALED statement providing the last known private mailing address for
the unserved defendant.

6.

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 11th day of September, 2012.

UNITED STATES DISTRICT JUDGE

2