Opinion
Civil Action No. 3:02-CV-1645-D
March 25, 2003
ORDER
After making an independent review of the pleadings, files, and records in this case, and the findings, conclusions, and recommendation of the magistrate judge, the court concludes that the findings and conclusions are correct in part. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted in part. Except as set forth below, plaintiffs claims against defendants will be dismissed by separate judgment to be filed in the future or as part of a final judgment in this case.
The court declines, however, to adopt the findings, conclusions, and recommendation to the extent the magistrate judge recommends dismissing this action at the 28 U.S.C. § 1915A screening stage against defendant Melvin Ramos ("Ramos"). The court concludes that plaintiffs claim against Ramos — in which he alleges that Ramos retaliated against him for filing grievances regarding errors in his pay by causing him to be placed in the disciplinary housing unit for eight days — is not subject to dismissal under § 1915A (even if it may be subject to dismissal at a later procedural step). Accordingly, the court directs the clerk of court to prepare and issue a summons to Ramos and to deliver the summons and complaint to the Marshal for service on Ramos.
SO ORDERED.