Grissom v. White et al
ORDER ADOPTING granting 5 Partial Report and Recommendations and finding as moot 14 Motion for Service. The Clerk is directed to prepare summons for defts White, Howell and Gibson. The U.S. Marshal is directed to serve the summons, complaint, and this Order on them through the ADC Compliance Office without prepayment of fees. The Clerk is directed to prepare a summons for deft McClain, and the U.S. Marshall is directed to serve her through the Humphries & Lewis Law Firm. The Court certifies that an ifp appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 4/1/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WESLEY ELISHA GRISSOM,
LATRICIA WHITE, Kitchen Supervisor,
Delta Regional Unit, et al.
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 5). 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:
Pursuant to the screening function mandated by 28 U.S.C. § 1915A, plaintiff may
proceed with his excessive force, inadequate medical care, and assault and battery claims against
defendants White, Howell, Gibson, and McClain.
Plaintiff’s negligence claim is dismissed with prejudice because defendants are
entitled to statutory immunity.
The Clerk of Court is directed to prepare a summons for defendants White, Howell,
and Gibson. The U.S. 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
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.
The Clerk of Court is directed to prepare a summons for defendant McClain. The
U.S. Marshal is directed to serve the summons, complaint, and this Order on her through the
Humphries and Lewis law firm without prepayment of fees and costs or security therefor.2
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.
Plaintiff’s motion for service is moot (Dkt. No. 14).
SO ORDERED this the 1st day of April, 2013.
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE
If defendant McClain is no longer a Corizon, Inc., employee, the Humphries and Lewis
law firm must file, with the return of unexecuted service, a SEALED statement providing her last
known private mailing address.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?