Wells v. Coleman et al

Filing 9

ORDER ADOPTING 5 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: Plaintiff may PROCEED with his excessive force claim against Defendant Malone & his inadequate medical care claims against the Jane Doe Defendants, in their individual capacities only. All other claims & Defendants are DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be granted . Plaintiff must, within 90 days of the entry of this Order, file a Motion for Service containing the full names & service addresses for the Jane Doe Defendants. Failure to do so will result in their dismissal from this action. The Clerk is directed to issue summons for Defendant Malone, & the U.S. Marshal is directed to serve, the summons, Complaint & this Order on him w/o prepayment of fees & costs or security therefor. The Court CERTIFIES that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody on 2/23/2012. (jct)

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

WILLIE WELLS
V.

PLAINTIFF
3:12CV00021 JMM/JTR

RONNIE COLEMAN, Administrator
Crittenden County Detention Facility, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial
Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed
objections. After carefully considering these documents and making a de novo review
of the record in this case, 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,

Plaintiff may PROCEED with his excessive force claim against Defendant Malone
and his inadequate medical care claims against the Jane Doe Defendants, in their
individual capacities only.
2.

All other claims and Defendants are DISMISSED, WITHOUT

PREJUDICE, for failing to state a claim upon which relief may be granted.
3.

The Clerk is directed to prepare a summons for Defendant Malone, and

the U.S. Marshal is directed to serve the summons, Complaint, and this Order on him
without prepayment of fees and costs or security therefor.1
4.

Plaintiff must, within ninety days of the entry of this Order, file a

Motion for Service containing the full names of and service addresses for the Jane
Doe Defendants.
5.

Plaintiff is advised that if he fails to timely and properly do so, the Jane

Doe Defendants will be dismissed from this action, without prejudice, due to a lack
of service pursuant to Fed. R. Civ. P. 4(m).
6.

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.
Dated this

23

day of February

, 2012.

UNITED STATES DISTRICT JUDGE

1

If Defendant Malone is no longer a Crittenden County employee, the
individual responding to service shall file his last known private mailing address
under seal.