Earls v. Langston et al

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS. Defendants Dan Langston, Tim Cavaness and Ron Harvery are dismissed without prejudice for failure to state a claim upon which relief may be granted.The clerk's office is directed to prepare a summons for defendant Oost, 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. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 08/13/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JACOB THOMAS EARLS
v.

PLAINTIFF
CASE NO. 3:12CV00181 BSM-JTR

DAN LANGSTON, Greene County Sheriff et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United States
Magistrate Judge J. Thomas Ray has been reviewed. No objections have been filed. After carefully
considering this document and making a de novo review of the record, it is concluded that the
proposed findings and recommended partial disposition should be, and hereby are, approved and
adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff be allowed to proceed with his inadequate medical care claim against

defendant Oost, in his individual capacity only.
2.

All other claims and defendants be dismissed, without prejudice, for failure to state

a claim upon which relief may be granted.
3.

The clerk’s office is directed to prepare a summons for defendant Oost, 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
4.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal

would not be taken in good faith.
Dated this 13th day of August 2012.
________________________________
UNITED STATES DISTRICT JUDGE