Phillips v. Budnick et al

Filing 11

ORDER ADOPTING 9 Recommended Partial Disposition. Phillips may proceed with his excessive force claim against Budnick. The Clerk is directed to prepare a summons for Budnick. The U.S. Marshal is directed to serve the substituted complaint, affid avit, and this Order on him through the ADC Compliance Office without prepayment of fees and costs or security therefor. All other claims and defendants are dismissed without prejudice. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 1/31/2017. (mcz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KALEEM MOZIAH PHILLIPS,
ADC #160289
V.

PLAINTIFF
5:16CV00346 JM/JTR

BUDNICK, Warden,
Cummins Unit, ADC, et al.

DEFENDANTS

ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray and the response. After carefully considering these documents and making a de novo
review of the record in this case, the Recommendation is approved and adopted in its entirety as this
Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Phillips may proceed with his excessive force claim against Budnick.

2.

The Clerk is directed to prepare a summons for Budnick. The U.S. Marshal is

directed to serve the substituted complaint, affidavit, and this Order on him through the ADC
Compliance Office without prepayment of fees and costs or security therefor. If Budnick is no
longer an ADC employee, the ADC Compliance Office must file a sealed statement providing his
last known private mailing address.
3.

All other claims and defendants are dismissed without prejudice.

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 31st day of January, 2017.

UNITED STATES DISTRICT JUDGE