Goodman v. Williams et al

Filing 11

ORDER ADOPTING 9 the proposed findings and partial recommended disposition ; granting 3 7 Goodman's motion for voluntary partial dismissal; dismissing, without prejudice, his claims against defendants Johnson and Pruitt; allowing Plaintiff to proceed with his Fourteenth Amended racial discrimination and First Amendment retaliation claims against defendants Williams, Chism, Kearney, and Corbin; dismissing, without prejudice, all other claims and defendants; directing the clerk to prepa re a summons for defendants Williams, Chism, Kearney, and Corbin, directing the USMS to serve the summons, complaint, amended complaint, and this Order on them through the ADC Compliance Office without prepayment of fees and costs or security therefor; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 6/9/2015. (kdr)

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

FREDERICK GEAN GOODMAN
ADC #118555
v.

PLAINTIFF

Case No. 5:15CV00070 BSM-JTR

STEPHEN WILLIAMS,
Warden, Tucker Unit, ADC, et al.

DEFENDANTS

ORDER
The proposed findings and partial recommended disposition submitted by United
States Magistrate Judge J. Thomas Ray and objections thereto have been reviewed. After
carefully considering these documents and making a de novo review of the record, it is
concluded that the proposed findings and partial recommended disposition should be, and
hereby are, approved and adopted in their entirety.
IT IS THEREFORE ORDERED that:
1.

Goodman's motion [Doc. Nos. 3 & 7] for voluntary partial dismissal is granted,

and his claims against defendants Johnson and Pruitt are dismissed without prejudice.
2.

Plaintiff may proceed with his Fourteenth Amendment racial discrimination

and First Amendment retaliation claims against defendants Williams, Chism, Kearney, and
Corbin.
3.

All other claims and defendants are dismissed without prejudice.

4.

The Clerk is directed to prepare a summons for defendants Williams, Chism,

Kearney, and Corbin. The U.S. Marshal is directed to serve the summons, complaint,
amended complaint, and this Order on them through the ADC Compliance Office without
prepayment of fees and costs or security therefor. If any of the defendants are no longer
ADC employees, the ADC Compliance Office must file their last known private mailing
address under seal.
5.

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.
IT IS SO ORDERED this 9th day of June 2015.

UNITED STATES DISTRICT JUDGE