Heikkila v. Kelley et al

Filing 9

ORDER adopting in all respects 5 the partial recommended disposition; allowing Heikkila to proceed with his free exercise claims under 42U.S.C. § 1983, and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc-1; di smissing with prejudice Heikkilas equal protection claim against defendants Wendy Kelley, Randy Watson, and Joshua Mayfield; and ordering service on Kelley, Watson, and Mayfield. An in forma pauperis appeal taken from the order adopting the partial recommended disposition will not be taken in good faith. Signed by Chief Judge Brian S. Miller on 1/5/2017. (kdr) (Additional attachment(s) added on 1/5/2017: # 1 Main Document - Correct) (thd).

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. Service is ordered 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 5th day of January 2017.

UNITED STATES DISTRICT JUDGE