Opinion
2:06CV00140 WRW/JTR.
September 7, 2006
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. Plaintiff shall proceed with his three Eighth Amendment claims against Defendants Hobbs, Harmon, Bogan, and Green.
2. The Clerk is directed to prepare a summons for Defendants Hobbs, Harmon, Bogan, and Green, and the United States Marshal is directed to serve the summons, the Substituted Complaint (docket entry #18), the Addendum (docket entry #19), the Recommended Partial Disposition, and this Order upon those four Defendants 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.
3. Pursuant to the screening function mandated by 28 U.S.C. § 1915(a), all remaining Defendants and claims are DISMISSED, WITHOUT PREJUDICE
4. Plaintiff's Third Motion for a Preliminary Injunction (docket entry #20) is DENIED.
5. 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.