Morrow v. Kelley et al

Filing 9

ORDER ADOPTING 5 Partial Report and Recommendations; therefore, pltf may proceed with his excessive force, failure to protect, retaliation, free exercise of religion, and corrective inaction claims against defts; pltf's property and access to the courts claims are dismissed without prejudice; the U.S. Marshal is directed to serve summons, complaint, and this Order on defts Kelley, Boykin, Reed, Holsteed, Ashcroft, Carter, Burgees, Raeford, Lay, and May, without prepayment of fess and costs. Signed by Judge Susan Webber Wright on 5/22/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BERRY MORROW,
ADC #143825
V.

PLAINTIFF
5:13CV00098 SWW/JTR

DAVID KELLEY, Lieutenant,
Cummins Unit, ADC, 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 those portions of the record to which plaintiff objects, see 28 U.S.C. § 636(b)(1)(C), 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.

Plaintiff may PROCEED with his excessive force, failure to protect,

retaliation, free exercise of religion, and corrective inaction claims against Defendants.
2.

Plaintiff’s property and access to the courts claims 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 Defendants Kelley,

Boykin, Reed, Holsteed, Ashcroft, Carter, Burgees, Raeford, Lay, and May. 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
4.

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 22nd day of April 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

If any of the Defendants are no longer ADC employees, the individual
responding to service must file the unserved Defendant’s last known private mailing
address under seal.