Barker v. Barnes et al

Filing 8

ORDER adopting 6 Proposed Findings and Recommended Partial Disposition in their entirety as this Court's findings in all respects. Plaintiff's claims against Defendants Jones and Boettger are dismissed without prejudice. Plaintiff may pro ceed with his inadequate medical care claims against Defendants Barnes, Sevoit, and White. The Clerk is directed to prepare a summons for Defendants Barnes, Sevoit, and White. 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. Signed by Judge James M. Moody Jr. on 8/28/2014. (ks)

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

LARRY E. BARKER,
ADC #129415
V.

PLAINTIFF
5:14CV00181 JM/JTR

BARNES, Doctor,
Randall Williams 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 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's claims against Defendants Jones and Boettger are dismissed without

prejudice.
2.

Plaintiff may proceed with his inadequate medical care claims against Defendants

Barnes, Sevoit, and White.
3.

The Clerk is directed to prepare a summons for Defendants Barnes, Sevoit, and

White. 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

1

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

4.

It is certified, 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 28th day of August, 2014.

UNITED STATES DISTRICT JUDGE

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

LARRY E. BARKER,
ADC #129415
V.

PLAINTIFF
5:14CV00181 JM/JTR

BARNES, Doctor,
Randall Williams 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. 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.

Plaintiff's claims against Defendants Jones and Boettger are dismissed without

prejudice.
2.

Plaintiff may proceed with his inadequate medical care claims against Defendants

Barnes, Sevoit, and White.
3.

The Clerk is directed to prepare a summons for Defendants Barnes, Sevoit, and

White. 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.2
4.

It is certified, 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

day of

, 2014.

UNITED STATES DISTRICT JUDGE

2

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