Polston v. Mississippi County Health Services et al

Filing 6

ORDER adopting 5 Proposed Findings and Recommended Partial Disposition in their entirety as this Court's findings in all respects. Plaintiff's claims against Mississippi County Health Services are dismissed without prejudice. The Clerk is directed to prepare a summons for Dr. Troxel and Ms. Stankery. The U.S. Marshall is directed to serve the summons, complaint, and this Order on them without prepayment of fees and costs or security therefor. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 7/2/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DELMAR POLSTON,
v.

PLAINTIFF
Case No. 3:14-cv-00107-KGB-JTR

MISSISSIPPI COUNTY HEALTH SERVICES, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray (Dkt. No. 5). 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.

Plaintiff Delmar Polston's claims against Mississippi County Health Services are

dismissed without prejudice.
2.

Mr. Polston may proceed with his inadequate medical care claim against

defendants Dr. Troxel and Kristie Stankery.
3.

The Clerk is directed to prepare a summons for Dr. Troxel and Ms. Stankery. 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. If either defendant no longer works for
Mississippi County, the individual responding to service must file a sealed statement containing
the unserved defendant’s last known private mailing address.
4.

It is certified, 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.

SO ORDERED this the 2nd day of July, 2014.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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