Paxton v. Rouse et al

Filing 13

ORDER approving and adopting in its entirety 10 Recommendation as this Court's findings in all respects; granting 3 Paxton's motion to dismiss Angela West and she is dismissed without prejudice as a defendant in this lawsuit; allowing P axton to proceed with his retaliatory transfer claim against Grey, in her individual capacity only; directing the Clerk to prepare a summons for Grey and the United States Marshal to serve the complaint, brief in support, amended complaint, statement of necessity, and this Order on Grey without prepayment of fees and costs or security therefor; dismissing without prejudice all other claims raised in the complaint and amended complaint; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 7/10/2018. (ljb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
BARRY PAXTON, ADC #660117
V.

PLAINTIFF

No. 5:18CV00032 JLH/JTR

T. ROUSE, Mail Clerk,
Ester Unit, ADC, et al.

DEFENDANTS

ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray and the filed objections. After completing a de novo review 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.

Paxton may proceed with his retaliatory transfer claim against Grey, in her

individual capacity only.
2.

The Clerk is directed to prepare a summons for Grey. The United States Marshal is

directed to serve the complaint, brief in support, amended complaint, statement of necessity, and
this Order on Grey through the ADC Compliance Division without prepayment of fees and costs
or security therefor.
3.

Paxton’s motion to dismiss Angela West is granted, and she is dismissed without

prejudice as a defendant in this lawsuit. Document #3.
4.

All other claims raised in the complaint and amended complaint are dismissed

without prejudice.
5.

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 10th day of July, 2018.

________________________________
UNITED STATES DISTRICT JUDGE