Krepps v. Ballwin et al

Filing 12

ORDER ADOPTING 10 Partial Report and Recommendations dismissing deft Ronnie Ballwin without prejudice; certifying that an ifp appeal from this Order would not be taken in good faith; directing plaintiff to file, within 120 days from the entry of th is Order, a motion for service containing the full name and a valid service address for deft Jason Doe; directing the Clerk to prepare a summons for deft John Carter and the U.S. Marshal to serve deft with a copy of the summons, complaint, amended complaint, second amended complaint and this order without prepayment of fees therefor. Signed by Judge William R. Wilson, Jr on 8/26/09. (bkp)

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

JIMMY DEAN KREPPS ADC #143041 V. RONNIE BALLWIN, Jailer, Cross County Jail, et al. 2:09CV00074 WRW/JTR

PLAINTIFF

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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A: (a) Defendant

Ronnie Ballwin is DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to raise any claims against him; (b) Plaintiff's due process claim is DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted; and (c) Plaintiff shall PROCEED with his remaining claims against Defendants Carter and Doe. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this Order would not bet taken in good faith. 3. Plaintiff shall file, within 120 days from the entry of this Order, a Motion for

Service containing the full name of and valid service address for Defendant Jason Doe.

4.

Plaintiff is advised that the failure to do so will result in Defendant Jason Doe being

dismissed from this action, without prejudice, pursuant to Fed. R. Civ. P. 4(m). 5. The Clerk is directed to prepare a summons for Defendant John Carter, and the U.S.

Marshal is directed to serve the summons, Complaint (docket entry #1), Amended Complaint (docket entry #4), Second Amended Complaint (docket entry #7), and this Order on him without prepayment of fees and costs or security therefor.1 Dated this 26th day of August, 2009.

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

If Defendant Carter is no longer a Cross County employee, the individual responding to service shall file, with the return of unexecuted service, a SEALED Statement providing his last known private mailing address.

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