Brown v. Busby et al

Filing 12

ORDER ADOPTING 10 PARTIAL REPORT AND RECOMMENDATIONS of Magistrate Judge J. Thomas Ray in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: Pursuant to the screening function mandated by 28 U.S.C. Section 1915A, (a) Plaintiff's moldy shower claim is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be granted; and (b) Plaintiff shall PROCEED with his wheelchair-accessible shower claim. 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 Busby, Boyd, Bonner & Peterson, & the U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint, & this Order on them without prepayment of fees & costs or security therefor. Signed by Judge William R. Wilson, Jr on 9/22/09. (jct)

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

HANK BROWN ADC #145085 V. DICK BUSBY, Crittenden County Sheriff, et al. 3:09CV00114 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) Plaintiff's

moldy shower claim is DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be granted; and (b) Plaintiff shall PROCEED with his wheelchair-accessible shower claim. 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.

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The Clerk is directed to prepare a summons for Defendants Busby, Boyd, Bonner,

and Peterson. The United States Marshal is directed to serve the summons, the Complaint, Amended Complaint, and this Order on them without prepayment of fees and costs or security therefor.1 Dated this 22nd day of September, 2009.

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

If any of the Defendants are no longer Crittenden County employees, the individual responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 2

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