Flaherty v. Cox et al

Filing 13

ORDER adopting the proposed findings and recommended disposition. Plaintiff may proceed with his excessive force claim against defendant Cox; dismissing all other claims and defendants are dismissed, without prejudice; directing the clerk's offi ce to prepare a summons for defendant Cox, and the U.S. Marshal to serve the summons, complaint, amended complaint, and this order on him through the ADC Compliance Division without prepayment of fees and costs or security therefor. If defendant Cox is no longer an ADC employee, then the individual responding to service shall file his last known private mailing address under seal. It is further 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. Signed by Chief Judge Brian S. Miller on 8/17/12. (hph)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION THOMAS STEVEN FLAHERTY, ADC #115819 v. PLAINTIFF CASE NO. 2:12CV00103 BSM-JTR AVERY G. COX, Corporal; and TYRONE L. WASHINGTON, Supervisor, East Arkansas Regional Unit DEFENDANTS ORDER The proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections have been reviewed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended partial disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, plaintiff may PROCEED with his excessive force claim against defendant Cox. 2. All other claims and defendants are DISMISSED, WITHOUT PREJUDICE, for failure to state a claim upon which relief may be granted. 3. The clerk’s office is directed to prepare a summons for defendant Cox, and the U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this order on him through the ADC Compliance Division without prepayment of fees and costs or security therefor. If defendant Cox is no longer an ADC employee, then the individual responding to service shall file his last known private mailing address under seal. 4. It is further 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. Dated this 17th day of August 2012. ________________________________ UNITED STATES DISTRICT JUDGE 2

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