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Lee v. Norris

May 11, 2007

STUART LEE ADC #113076 PLAINTIFF
v.
LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION, ET AL. 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. The Motions to Dismiss (docket entries #16, #26, and #27) are GRANTED IN PART AND DENIED IN PART, such that:

a. Defendant Norris is DISMISSED, WITHOUT PREJUDICE, and

b. Defendant Parker is DISMISSED, WITH PREJUDICE.

2. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, Defendant Mobley is DISMISSED, WITHOUT PREJUDICE, and Defendants Cameron, Dunlop, Frupel, and Edwards are DISMISSED, WITH PREJUDICE.

3. Plaintiff shall proceed with his Fifth Amendment claims against Defendants Smith, Ramick, and Wright.

4. The Clerk is directed to prepare a summons for Defendant Wright, and the U.S. Marshal is directed to serve the summons, the Complaint (docket entry #2), the Amended Complaint (docket entry #5), and the Second Amended Complaint (docket entry #24) on her through the ADC Compliance Division, without prepayment of fees and costs or security therefor.

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.

20070511

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