Goss v. Craighead County Jail et al

Filing 12

ORDER ADOPTING 7 PARTIAL REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge J. Thomas Ray in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED THAT Defendant Craighead County Jail is DISMISSED, WITH PREJUDICE, because it is not amenable to suit in a Section 1983 action. The Court CERTIFIES, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. The Clerk is directed to prepare a summons for Defendants Money, McCainn, Smith & Metcalf, & the U.S. Marshal is directed to serve the Defendants without prepayment of fees & costs or security therefor. Signed by Judge Brian S. Miller on 1/8/2009. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION KERRY DEON GOSS ADC #104522 V. 3:08CV00197 BSM/JTR 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, defendant PLAINTIFF CRAIGHEAD COUNTY JAIL, et al. Craighead County Jail is DISMISSED, WITH PREJUDICE, because it is not amenable to suit in a 1983 action. 2. The court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this order would not be taken in good faith 3. The Clerk is directed to prepare a summons for defendants Money, McCainn, Smith, and Metcalf, and the United States Marshal is directed to serve the summons, complaint, and amended complaint upon them without prepayment of fees and costs or security therefor.1 Dated this 8th day of January, 2009. UNITED STATES DISTRICT JUDGE If any of the defendants are no longer Craighead County employees, the person responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the unserved defendant's last known private mailing address. 2 1

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