Callies v. Crittenden County Detention Center

Filing 21

ORDER adopting the 20 Recommendation in its entirety as this Court's findings in all respects. Callies may proceed with his inadequate medical care claim against Myleo, Coleman, and Nurse Mandy in their individual capacities only. The Clerk is directed to prepare a summons for Myleo, Coleman, and Nurse Mandy and forward it to the U.S. Marshal for service of the summons, substituted complaint, and this Order on them without prepayment of fees and costs or security therefor. Callies's official claim against Myleo, Coleman, and Nurse Mandy is dismissed without prejudice. Callies's claim against the CCDC is dismissed with prejudice. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 1/23/2017. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

GARY CALLIES
V.

PLAINTIFF
3:16CV00201 JLH/JTR

CRITTENDEN COUNTY DETENTION CENTER, et al.

DEFENDANTS

ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray. No objections have been filed. After careful review, the Recommendation is
approved and adopted in its entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1.

Callies may proceed with his inadequate medical care claim against Myleo, Coleman,

and Nurse Mandy (last name unknown) in their individual capacities only.
2.

The Clerk is directed to prepare a summons for Myleo, Coleman, and "Nurse Mandy

(last name unknown)." The U.S. Marshal is directed to serve the summons, substituted complaint,
and this Order on them without prepayment of fees and costs for security therefor. If any of the
defendants are no longer county employees, the individual responding to service must file a sealed
statement providing the unserved defendant's last known private mailing address.
3.

Callies's official claim against Myleo, Coleman, and Nurse Mandy (last name

unknown) is dismissed without prejudice.
4.

Callies's claim against the CCDC is dismissed with prejudice.

5.

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.

DATED this 23rd day of January, 2017.

UNITED STATES DISTRICT JUDGE