Robinson v. Lucas et al

Filing 7

ORDER ADOPTING 6 Partial Report and Recommendations in their entirety; therefore, pltf may proceed with his inadequate medical care and retaliation claims against defts in their individual capacities only; pltf's official capacity claims are DISMISSED WITHOUT PREJUDICE for failure to state a claim; the U.S. Marshal is directed to serve summons, complaints 3 5 , and this Order on defts without prepayment of fees and costs. Signed by Judge Susan Webber Wright on 8/13/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

JOE ROBINSON,
ADC #654204
V.

PLAINTIFF
1:12CV00068 SWW/JTR

DAVE LUCAS,
Sheriff of Jackson County, 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.

Plaintiff may PROCEED with his inadequate medical care and retaliation

claims against Defendants in their individual capacities only.
2.

Plaintiff’s official capacity claims are DISMISSED, WITHOUT

PREJUDICE, for failing to state a claim upon which relief may be granted.
3.

The Clerk is directed to prepare a summons for Defendants, and the U.S.

Marshal is directed to serve the summons, Complaint, Amended Complaint, and this

Order on them without prepayment of fees and costs or security therefor.1
4.

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.
Dated this 13th day of August 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

If any of the Defendants are no longer Jackson County employees, the
individual responding to service shall file his last known private mailing address
under seal.