Opinion
5:07CV00295 WRW/JTR.
January 7, 2008
ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, Defendant Norris is DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to state a claim against him.
2. The Court CERTIFIES, 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.
3. Plaintiff shall PROCEED with his retaliation claim against Defendants White, May, and Stephenson.
4. The Clerk is directed to prepare a summons for Defendants White, May, and Stephenson, and the United States Marshal is directed to serve the summons, the Complaint (docket entry #2), the Amended Complaint (docket entry #6), and this Order upon 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 Office shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant.