Fitzgerald v. Bonner et al

Filing 18

ORDER ADOPTING 16 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 Defendants Mobley, Smith, Vernon Smith, Beasley and J B Brown are DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to state claims against them; & Plaintiff shall PROCEED with his failure to protect & inadequate medical care claims against Defendants Bonner, Busby, Boyd, Peterson, Childress & Schrode r. This 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 issue summons for Defendants Bonner, Busby, Boyd, Peterson, Childress & Schroder, & the U.S. Marshal is directed to serve the summons, 13 Substituted Complaint & this Order on those six Defendants without prepayment of fees & costs or security therefor. Signed by Judge Susan Webber Wright on 6/15/2010. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NATHANIEL FITZGERALD ADC #84210 V. 3:10CV00078 SWW/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: (a) Defendants PLAINTIFF TERESSA BONNER, Chief Jailer, Crittenden County Detention Center, et al. Smith, Vernon Smith, Beasley, Mobley, and Brown are DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to state claims against them; and (b) Plaintiff shall PROCEED with his failure to protect and inadequate medical care claims against Defendants Bonner, Busby, Boyd, Peterson, Childress, and Schroder. 2. The Court CERTIFIES, 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. 3. The Clerk is directed to prepare a summons for Defendants Bonner, Busby, Boyd, Peterson, Childress, and Schroder. The United States Marshal is directed to serve the summons, the Substituted Complaint (docket entry #13), and this Order on those six Defendants without prepayment of fees and costs or security therefor.1 Dated this 15th day of June 2010. /s/Susan Webber Wright 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. 1

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