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Stone v. West

March 1, 2007

TOMMY LEE STONE ADC #90693 PLAINTIFF
v.
WEST, MAILROOM CLERK, CUMMINS UNIT; AND GAYLON LAY, WARDEN, CUMMINS UNIT DEFENDANTS



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, Defendant Lay is DISMISSED, WITHOUT PREJUDICE, due to Plaintiff's failure to state a viable 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 access to the courts claim against Defendant West.

4. The Clerk is directed to prepare a summons for Defendant West, and the United States Marshal is directed to serve the summons, the Complaint (docket entry #2), and this Order upon him through the ADC Compliance Division, without prepayment of fees and costs or security therefor.*fn1

Dated this 1st day of ...


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