Doering v. Moore et al

Filing 12

ORDER ADOPTING 7 Partial Report and Recommendations. Deft Corizon, Inc. is dismissed without prejudice. The Clerk is directed to prepare a summons for defendants Moore and Esau, and the U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this Order on them through the Humphries & Lewis law firm without prepayment of fees and costs or security.The Clerk is directed to prepare a summons for defendant Kelley, and the U.S. Marshal is directed to serve the summons, complaint, amended complaint and this Order on her through the ADC Compliance Office, without prepayment of fees and costs or security. The Court certifies that an ifp appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 11/12/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALAN L. DOERING ADC #106115 v. PLAINTIFF Case No. 5:13-cv-00149 KGB/JTR DR. MOORE, Cummins Unit, 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 (Dkt. No. 7) and the filed objection (Dkt. No. 8). 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. Plaintiff may proceed with his inadequate medical care claim against defendants Moore, Esau, and Kelley. 2. Defendant Corizon, Inc., is dismissed, without prejudice. 3. The Clerk is directed to prepare a summons for defendants Moore and Esau, and the U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this Order on them through the Humphries & Lewis law firm without prepayment of fees and costs or security therefor.1 1 If either of the defendants are no longer Corizon, Inc., employees, the Humphries & 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. 4. The Clerk is directed to prepare a summons for defendant Kelley, and the U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this Order on her through the ADC Compliance Division without prepayment of fees and costs or security therefor. 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. SO ORDERED this the 12th day of November, 2013. ______________________________ Kristine G. Baker United States District Judge  

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