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Barker v. Barnes

United States District Court, E.D. Arkansas, Pine Bluff Division

August 28, 2014

LARRY E. BARKER, ADC #129415, Plaintiff,
v.
BARNES, Doctor, Randall Williams Unit, ADC, et al., Defendants.

ORDER

JAMES M. MOODY, District Judge.

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's claims against Defendants Jones and Boettger are dismissed without prejudice.

2. Plaintiff may proceed with his inadequate medical care claims against Defendants Barnes, Sevoit, and White.

3. The Clerk is directed to prepare a summons for Defendants Barnes, Sevoit, and White. The U.S. Marshal is directed to serve the summons, complaint, and this Order on them through the ADC Compliance Division without prepayment of fees and costs or security therefor.[1]

4. It is certified, 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.

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. Plaintiff's claims against Defendants Jones and Boettger are dismissed without prejudice.

2. Plaintiff may proceed with his inadequate medical care claims against Defendants Barnes, Sevoit, and White.

3. The Clerk is directed to prepare a summons for Defendants Barnes, Sevoit, and White. The U.S. Marshal is directed to serve the summons, complaint, and this Order on them through the ADC Compliance Division without prepayment of fees and costs or security therefor.[2]

4. It is certified, 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.


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