Berger v. Clark et al

Filing 11

ORDER approving and adopting 9 Recommendation; allowing Berger to proceed with his § 1983 and RLUIPA claims against Wendy Kelley in both her individual and official capacities; directing the Clerk to prepare a summons for Kelley; directing the U.S. Marshal to serve the summons, substituted complaint, and this Order on her without prepayment of fees and costs or security therefor; dismissing without prejudice all claims against Clark, Swopes, Treas, Reed, Evans, Cashion, Watson, Payne, and Does; denying 8 motion for temporary restraining order or a preliminary injunction; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 1/9/2018. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RUSSELL BERGER,
ADC #115855
VS.

PLAINTIFF
5:17-CV-00258-BRW-JTR

CLARK, Food Service Supervisor, Varner Unit, et al.

DEFENDANTS

ORDER
I have reviewed the Recommendation submitted by United States Magistrate Judge J.
Thomas Ray and the objections.1 After carefully considering these documents and making a de
novo review of the record in this case, I approve and adopt the Recommendation as set out below:
Berger may proceed with his § 1983 and RLUIPA claims against Wendy Kelley in both her
individual and official capacities. The Clerk is directed to prepare a summons for Kelley at the
ADC Compliance Division.
The U.S. Marshal is directed to serve the summons, substituted complaint, and this Order on
her without prepayment of fees and costs or security therefor.
All claims against Clark, Swopes, Treas, Reed, Evans, Cashion, Watson, Payne, and Does
are dismissed without prejudice. The motion for temporary restraining order or a preliminary
injunction (Doc. No. 8) is DENIED. I certify that an in forma pauperis appeal from this Order
would not be taken in good faith..2
IT IS SO ORDERED this 9th day of January, 2018.
/s/ Billy Roy Wilson________________
UNITED STATES DISTRICT JUDGE

1

Doc. Nos. 10.

2

28 U.S.C. § 1915(a)(3).