Ware v. Hall et al

Filing 9

ORDER ADOPTING 5 PARTIAL REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge J. Thomas Ray as this Court's findings. IT IS THEREFORE ORDERED that 7 MOTION for Leave to File Amended Complaint is GRANTED. Pursuant to the screening function ma ndated by 28 U.S.C. Section 1915A, Plaintiff's claims against Defendants, in their official capacities, are DISMISSED, WITHOUT PREJUDICE, for failing to state a claim upon which relief may be granted. Plaintiff may PROCEED with his excessive fo rce claims against Defendants in their individual capacities only. The Clerk is directed to prepare summons for Defendants Hall, Davidson, John Smith, Jeremy Smith & Holiday. The U.S. Marshal is directed to serve said Defendants without prepayment of fees & costs or security therefor. 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. Signed by Chief Judge J. Leon Holmes on 4/25/2012. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JONATHAN A. WARE,
ADC #653450
v.

PLAINTIFF

No. 3:12CV00084 JLH/JTR

HALL, Lieutenant,
Craighead County Detention Center, 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 motion for leave to file an
amended complaint and objection to recommendation. 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 as
this Court’s findings.
IT IS THEREFORE ORDERED that:
1.

The motion for leave to file an amended complaint is GRANTED. Document #7.

2.

Pursuant to the screening function mandated by 28 U.S.C. § 1915A, Plaintiff’s claims

against Defendants, in their official capacities, are DISMISSED, WITHOUT PREJUDICE, for failing
to state a claim upon which relief may be granted.
3.

Plaintiff may PROCEED with his excessive force claims against Defendants in their

individual capacities only.
4.

The Clerk is directed to prepare a summons for Defendants Hall, Davidson, John

Smith, Jeremy Smith, and Holiday. The U.S. Marshal is directed to serve the summons, Complaint,

and this Order on them without prepayment of fees and costs or security therefor.1
5.

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 25th day of April, 2012.

UNITED STATES DISTRICT JUDGE

1

If any of the Defendants are no longer Craighead County employees, the individual
responding to service shall file the unserved Defendant’s last known private mailing address under
seal.