Burns v. Avery et al

Filing 7

ORDER approving and adopting in its entirety the 6 Recommendation as this Court's findings in all respects. Burns may proceed with his excessive force and inadequate nutrition claims against Avery, Budnik, and Starks in their individual capac ities only. All other claims raised in the Complaint and Amended Complaint are dismissed without prejudice. The Clerk is directed to prepare a summons for Avery, Budnik, and Starks and the U.S. Marshal is directed to serve the complaint, amended complaint, and this Order without prepayment of fees and costs or security therefor. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 12/5/2017. (ljb)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION AUSTIN JAY BURNS, ADC #551922 V. PLAINTIFF No. 5:17CV00223 JLH/JTR KEDRICK R. AVERY, et al. DEFENDANTS ORDER The Court has reviewed the Recommendation submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Recommendation is approved and adopted in its entirety as this Court’s findings in all respects. IT IS THEREFORE ORDERED THAT: 1. Burns may proceed with his excessive force and inadequate nutrition claims against Avery, Budnik, and Starks in their individual capacities only. 2. The Clerk is directed to prepare a summons for Avery, Budnik, and Starks. The U.S. Marshal is directed to serve the complaint, amended complaint, and this Order on them through the ADC Compliance Division without prepayment of fees and costs or security therefor. If any of the defendants are no longer ADC employees, the ADC Compliance Division must file a sealed statement providing the unserved defendant’s last known private mailing address. 3. All other claims raised in the Complaint and Amended Complaint 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 5th day of December, 2017. ________________________________ UNITED STATES DISTRICT JUDGE

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