Davis et al v. Kelly et al

Filing 8

ORDER ADOPTING 6 the partial recommended disposition; allowing Davis to proceed with his inadequate medical care and retaliation claims against Taylor, Williams, Clowers, Gray, Kelley, Griffin, King, and Watson; dismissing Burnett and Lane, without prejudice, for failing to state a claim upon which relief may be granted; directing the Clerk to prepare a summons for Kelley, Griffin, Watson, Taylor, and Williams; directing the USMS to serve the summons, 2 complaint, and this order on them thr ough the ADC Compliance Office without prepayment of fees and costs or security threfor; directing the Clerk to prepare a summons for King, Clowers, and Gray; and directing the USMS to serve the summons, 2 complaint, and this order on them through the Humphries, Odum, & Eubanks law firm without prepayment of fees and costs or security therefor. Signed by Chief Judge Brian S. Miller on 4/22/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CARL DAVIS, JR.
ADC #080431
v.

PLAINTIFF

CASE NO. 5:16CV00039 BSM

WENDY KELLEY, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
The partial recommended disposition submitted by United States Magistrate Judge J.
Thomas Ray and plaintiff’s objections thereto have been reviewed. After carefully
considering these documents and making a de novo review of the record, the partial
recommended disposition is hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Davis may proceed with his inadequate medical care and retaliation claims

against Taylor, Williams, Clowers, Gray, Kelley, Griffin, King, and Watson.
2.

Burnett and Lane are dismissed without prejudice from this lawsuit because

no viable claims have been pled against them.
3.

All other claims mentioned in the complaint are dismissed without prejudice

for failing to state a claim upon which relief may be granted.
4.

The Clerk is directed to prepare a summons for Kelley, Griffin, Watson,

Taylor, and Williams. The U.S. Marshals are directed to serve the summons, 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 a sealed statement providing the unserved defendant's last
known private mailing address.
5.

The Clerk is direct to prepare a summons for King, Clowers, and Gray. The

U.S. Marshals are directed to serve the summons, complaint, and this order on them through
the Humphries, Odum & Eubanks law firm without prepayment of fees and costs or security
therefor. If any of the defendants are no longer CCS employees, the Humphries, Odum &
Eubanks law firm must file a sealed statement providing the unserved defendant's last known
private mailing address.
6.

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 22nd day of April 2016.

UNITED STATES DISTRICT JUDGE