Pena v. Sutton et al

Filing 11

ORDER ADOPTING IN PART AND REJECTING IN PART 10 REPORT AND RECOMMENDATIONS; therefore, deft Wesner is DISMISSED and Sutton must remain as a deft; the U.S. Marshal is directed to serve summons, complaint and this Order on deft Sutton without prepayment of fees and costs; CASE REFERRED BACK to Magistrate Judge Jerome T. Kearney. Signed by Chief Judge Brian S. Miller on 10/4/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
AARON MOSES PENA
v.

PLAINTIFF
CASE NO. 2:13CV00075 BSM

J. SUTTON et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Jerome T. Kearney have been reviewed. No objections have been filed.
After careful consideration, the proposed findings and recommended disposition are adopted
in part and rejected in part. The findings as to defendant Wesner are adopted in their
entirety. As to defendant Sutton, Pena alleges Sutton was deliberately indifferent when he
failed to take Pena to the infirmary to treat “six lacerations” on Pena’s head. Pena has stated
a claim upon which relief may be granted, and Sutton must remain as a defendant at this
stage.
Accordingly, Wesner is dismissed. The clerk of court is directed to prepare summons
for Sutton and the U.S. Marshal is directed to serve a copy of the complaint [Doc. No. 2], this
order, and summons on Sutton, without prepayment of fees and costs or security therefore.
IT IS SO ORDERED this 4th day of October 2013.

________________________________
UNITED STATES DISTRICT JUDGE

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