Heikkila v. Kelley et al

Filing 11

ORDER adopting 5 Partial Recommended Disposition in all respects. Heikkila is allowed to proceed with his free exercise claims under 42 U.S.C. § 1983, and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc-1. He ikkila's equal protection claims against defendants Kelley, Watson, and Mayfield is dismissed without prejudice. The U.S. Marshal is directed to serve the summons and 2 Complaint and this Order on Kelley, Watson, and Mayfield. An in forma pauperis appeal taken from the Order adopting the partial receommended disposition will not be taken in good faith. Signed by Chief Judge Brian S. Miller on 1/9/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JIMMY R. HEIKKILA,
ADC #122299
v.

PLAINTIFF

CASE NO. 5:16CV00299 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 [Doc. No. 5] and objections filed by plaintiff Jimmy Heikkila [Doc. No. 7] have
been reviewed. After careful consideration, the partial recommended disposition is adopted
in all respects.
Accordingly, Heikkila is allowed to proceed with his free exercise claims under 42
U.S.C. § 1983, and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §
2000cc-1 (“RLUIPA”). Heikkila’s equal protection claim against defendants Wendy Kelley,
Randy Watson, and Joshua Mayfield is dismissed without prejudice. The U.S. Marshal is
directed to serve the summons and complaint [Doc. No. 2] and this order on Kelley, Watson,
and Mayfield. Finally, an in forma pauperis appeal taken from the order adopting the partial
recommended disposition will not be taken in good faith. See 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 9th day of January 2017.

UNITED STATES DISTRICT JUDGE