Allen v. Lawrence et al

Filing 13

ORDER adopting 11 partial recommended disposition. Allen may proceed with his excessive force and inadequate medical care claims against defendants Sergeant Lawrence, Nurse Lawrence, and Doe, an unknown doctor. Allen's claims against Craighea d County are dismissed without prejudice. Allen's claims against the Craighead County Detention Center and the Craighead County Sheriff's Department are dismissed with prejudice. The Clerk is directed to prepare a summons for Sergeant Lawre nce and Nurse Lawrence and the U.S. Marshal is directed to serve the summons, complaint, amended complaint, second amended complaint, and this Order on them without prepayment of fees and costs or security therefor. Allen must file within 90 days of the entry of this Order, a motion for service containing Doe's full name and service address. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 11/5/2015. (jak)

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

STEVEN MARQUELL DESHUN ALLEN
v.

PLAINTIFF

CASE NO. 3:15CV00248 BSM/JTR

LAWRENCE, Sergeant,
Craighead County Detention Center, et al.

DEFENDANTS

ORDER
The partial recommended disposition submitted by United States Magistrate Judge J.
Thomas Ray has been reviewed. No objections have been filed. After careful consideration,
the partial recommended disposition is hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Allen may proceed with his excessive force and inadequate medical care claims

against defendants Sergeant Lawrence, Nurse Lawrence, and Doe, an unknown doctor.
2.

Allen's claims against Craighead County are dismissed without prejudice.

3.

Allen's claims against the Craighead County Detention Center and the

Craighead County Sheriff's Department are dismissed with prejudice.
4.

The Clerk is directed to prepare a summons for Sergeant Lawrence and Nurse

Lawrence. The U.S. Marshal is directed to serve the summons, complaint, amended
complaint, second amended complaint, and this order on them without prepayment of fees
and costs or security therefor. If either defendant is no longer a Craighead County employee,
the individual responding to service must file a sealed statement containing the unserved

defendant's last known private mailing address.
5.

Allen must file, within 90 days of the entry of this order, a motion for service

containing Doe's full name and service address. If Allen does not do so, his claim against
Doe will be dismissed without prejudice. See Fed. R. Civ. P. 4(m).
6.

Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this order

would not be taken in good faith.
IT IS SO ORDERED this 5th day of November 2015.

UNITED STATES DISTRICT JUDGE