Onstad v. Payne et al, No. 4:2021cv01202 - Document 7 (E.D. Ark. 2022)
Court Description: ORDER adopting 6 proposed findings and recommendations. A. Cole Onstad will be allowed to proceed with his claims that his First Amendment rights were violated when: (1) Defendants Scott Taylor, Carol, Keith Waddle, James Hoot Gibson, and Dexter Payne issued and/or upheld a disciplinary against him after he wrote a letter that was published in a magazine by the Racial Nationalist Party of America called the "White Voice;" and (2) Defendants Payne, Gibson, Dale Reed, Johnson, Shipma n, McEwen, Wendy Kelly, Taylor, Douglas Boultinghouse, M. Dunn, C. Fifer, and M. Richardson prevented him from receiving his subscription to the "White Voice" for over two years. Onstad's claim that Payne, Reed, Kelly, Gibson, Shipman, McEwen, and Soloman Graves violated his First Amendment rights when they enforced the ADC mail policy is dismissed without prejudice, and Graves is dismissed as a defendant. An in forma pauperis appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 1/13/2022. (kdr)
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Onstad v. Payne et al Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DELTA DIVISION A. COLE ONSTAD ADC #128493 v. PLAINTIFF CASE NO. 4:21-CV-01202-BSM DEXTER PAYNE, Director, ADC, et al. DEFENDANTS ORDER After reviewing the record de novo, United States Magistrate Judge Joe J. Volpe’s proposed findings and recommendations [Doc. No. 6] are adopted. A. Cole Onstad will be allowed to proceed with his claims that his First Amendment rights were violated when: (1) Defendants Scott Taylor, Carol, Keith Waddle, James Hoot Gibson, and Dexter Payne issued and/or upheld a disciplinary against him after he wrote a letter that was published in a magazine by the Racial Nationalist Party of America called the “White Voice;” and (2) Defendants Payne, Gibson, Dale Reed, Johnson, Shipman, McEwen, Wendy Kelly, Taylor, Douglas Boultinghouse, M. Dunn, C. Fifer, and M. Richardson prevented him from receiving his subscription to the “White Voice” for over two years. Onstad’s claim that Payne, Reed, Kelly, Gibson, Shipman, McEwen, and Soloman Graves violated his First Amendment rights when they enforced the ADC mail policy is dismissed without prejudice, and Graves is dismissed as a defendant. An in forma pauperis appeal would not be taken in good faith. 28 U.S.C. § 1915(a)(3). Dockets.Justia.com IT IS SO ORDERED this 13th day of January, 2022. ________________________________ UNITED STATES DISTRICT JUDGE
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