Maxwell/G-Doffee v. Wooten et al, No. 5:2019cv00225 - Document 17 (E.D. Ark. 2020)
Court Description: ORDER adopting 13 proposed findings and recommendations; allowing Maxwell/G-Doffee to proceed with his retaliation claims against Sergeant Melvin Wooten, Felicia Bentley, and John or Jane Doe; ordering service on Wooten and Bently. Service cannot be ordered on Doe until Maxwell/G-Doffee provides his or her name and service address; after the named defendants file an answer, a scheduling order will be issued that sets a deadline for Maxwell/G-Doffee to file a motion for service containing the identity and service address of Doe; dismissing without prejudice plaintiff's remaining claims for failure to state a claim upon which relief may be granted; granting 12 plaintiff's motion for copies; directing the clerk to send plaintiff a copy of the docket sheet, as well as copies of DEs 3 4 and 13 and a copy of this Order; and granting 14 plaintiff's motion to extend time. An in forma pauperis appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 7/21/2020. (kdr)
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Maxwell/G-Doffee v. Wooten et al Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DON MERCELEANY R. MAXWELL/ G-DOFFEE ADC #108778 v. PLAINTIFF Case No. 5:19-cv-00225 BSM MELVIN J. WOOTEN, Sergeant, Arkansas Department of Correction Maximum Security Unit, et al. DEFENDANTS ORDER The proposed findings and recommendations (“RD”) from United States Magistrate Judge J. Thomas Ray [Doc. No. 13] has been received. After reviewing the record de novo, the RD is adopted. Maxwell/G-Doffee may proceed with his retaliation claims against Sergeant Melvin Wooten, Felicia Bentley, and John or Jane Doe. Service is ordered on Wooten and Bentley. Service cannot be ordered on Doe until Maxwell/G-Doffee provides his or her name and service address. After the named defendants file an answer, a scheduling order will be issued that sets a deadline for Maxwell/G-Doffee to file a motion for service containing the identity and service address of Doe. Maxwell/G-Doffee’s remaining claims are dismissed without prejudice for failure to state a claim upon which relief may be granted. An in forma pauperis appeal would not be taken in good faith. Maxwell/G-Doffee’s motion for copies [Doc. No. 12] is granted. The clerk is directed to send Maxwell/G-Doffee a copy of the docket sheet, as well as copies of docket entries 3, 4, and 13, and a copy of this order. Maxwell/G-Doffee’s motion to extend time [Doc. No. Dockets.Justia.com 14] is granted. IT IS SO ORDERED this 21st day of July, 2020. UNITED STATES DISTRICT JUDGE 2
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