Jones v. Hobbs et al

Filing 8

ORDER approving and adopting, in their entirety, 7 the Proposed Findings and Recommended Partial Disposition; allowing Plaintiff to proceed with his failure to protect, excessive, and inadequate medical care claims against Defendants Bonds, Demery, Johnson, Clemons, Wise, McCarroll, Singleton, Malony, Iko, Hubbard, and Correctional Officer Snyder; dismissing, without prejudice, all other claims for failure to state a claim upon which relief may be granted; directing the Clerk to prepare a summ ons for Bonds, Malony, Iko, Hubbard; and directing the USMS to serve the summons, 2 Complaint, 6 Amended Complaint, and this Order on them through the ADC Compliance Division without prepayment of fees and costs or security therefor. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 3/12/2013. (kdr)

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

DAVID JONES
ADC #94099
V.

PLAINTIFF
5:12CV00456 SWW/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. No
objections have been filed. After careful review, 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 failure to protect, excessive force, and inadequate
medical care claims against Defendants Bonds, Demery, Johnson, Clemons, Wise,
McCarroll, Singleton, Malony, Iko, Hubbard, and Correctional Officer Snyder.
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 Bonds, Malony, Iko,

Hubbard, and the U.S. Marshal is directed to serve the summons, Complaint,
Amended Complaint, and this Order on them through the Humphries and Lewis law
firm without prepayment of fees and costs or security therefor.1
4.

The Clerk is directed to prepare a summons for Demery, Johnson,

Clemons, Wise, McCarroll, Singleton, and Snyder, and the U.S. Marshal is ordered
to serve the summons, Complaint, Amended Complaint, and this Order on them
through the ADC Compliance Division without prepayment of fees and costs or
security therefor.2
5.

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 12th day of March, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

If any of the Defendants are no longer Corizon, Inc. employees, the Humphries
and Lewis law firm must file, with the return of unexecuted service, a SEALED
Statement providing the last known private mailing address for the unserved
Defendant.
2

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.