Jones v. Hobbs

Full title: DAVID JONES ADC #94099 PLAINTIFF v. RAY HOBBS, Director, Arkansas…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

Date published: Mar 12, 2013

5:12CV00456 SWW/JTR (E.D. Ark. Mar. 12, 2013)

Opinion

5:12CV00456 SWW/JTR

03-12-2013

DAVID JONES ADC #94099 PLAINTIFF v. RAY HOBBS, Director, Arkansas Department of Correction, et al. DEFENDANTS

Susan Webber Wright

ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, 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, Plaintiff may PROCEED with his failure to protect, excessive force, and inadequate medical care claims against Defendants Bonds, Demery, Johnson, Clemons, Wise, McCarroll, Singleton, Malony, Iko, Hubbard, and Correctional Officer Snyder.

2. All other claims and Defendants are DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be granted.

3. The Clerk is directed to prepare a summons for Bonds, Malony, Iko, Hubbard, and the U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint, and this Order on them through the Humphries and Lewis law firm without prepayment of fees and costs or security therefor.¹

1 If any of the Defendants are no longer Corizon, Inc. employees, the Humphries and Lewis law firm must file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant.

4. The Clerk is directed to prepare a summons for Demery, Johnson, Clemons, Wise, McCarroll, Singleton, and Snyder, and the U.S. Marshal is ordered to serve the summons, Complaint, Amended Complaint, and this Order on them through the ADC Compliance Division without prepayment of fees and costs or security therefor.²

2 If any of the Defendants are no longer ADC employees, the ADC Compliance Office must file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant.
--------

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.

Susan Webber Wright

UNITED STATES DISTRICT JUDGE