Toepfer v. Reynolds et al

Filing 21

ORDER adopting 12 partial recommended disposition as this Court's findings in its entirety. Mr. Toepfer may proceed with his First Amendment free exercise claims against Phil Reynolds and Jim Dunham, acting in their individual capacity. The C lerk is directed to prepare summonses for Reynolds and Dunham and the U.S. Marshal is directed to serve the summonses, 1 Complaint, and 7 Amended Complaint and this Order on them without prepayment of fees and costs or security therefor. Mr. Toep fer's claims against Reynolds and Dunham in their official capacity are dismissed without prejudice. His claims that Dunham and Marshall Dawson denied him access to the courts are dismissed without prejudice. The Court certifies that an in forma pauperis appeal of this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 4/28/2021. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
NICKOLUS G. TOEPFER
v.

PLAINTIFF
Case No. 3:20-cv-00150-LPR-JTR

PHIL REYNOLDS, Sheriff,
Woodruff County, et al.

DEFENDANTS
ORDER

The Court has received a Partial Recommended Disposition from Magistrate Judge J.
Thomas Ray. (Doc. 12). Plaintiff Nickolus G. Toepfer filed objections. (Doc. 13). After carefully
considering the Partial Recommended Disposition and Plaintiff’s objections, as well as conducting
a de novo review of the record, the Court concludes that the Partial Recommended Disposition
should be, and hereby is, approved and adopted as this Court’s findings in its entirety.
IT IS THEREFORE ORDERED that Mr. Toepfer may PROCEED with his First
Amendment free exercise claims against Phil Reynolds and Jim Dunham, acting in their individual
capacity. The Clerk is directed to prepare Summonses for Reynolds and Dunham at the Woodruff
County Detention Center, 500 North Third Street, August, Arkansas 72006. The United States
Marshal is directed to serve the Summonses, Complaint and Amended Complaint (Docs. 1 & 7),
and this Order, on the aforementioned Defendants at the Woodruff County Detention Center,
without prepayment of fees and costs or security therefor.1
Mr. Toepfer’s claims against Reynolds and Dunham, in their official capacity, are
DISMISSED without prejudice.2 His claims that Dunham and Marshall Dawson denied him

1 If either Defendant is no longer employed by Woodruff County, the individual responding to service must file a
sealed statement providing the unserved Defendant’s last known private mailing address.
2 Dismissal of the official capacity claims is without prejudice. If, through discovery, Mr. Toepfer uncovers a policy,
custom, or practice that caused the alleged violation of his rights, Federal Rule of Civil Procedure 15 would very

access to the courts are DISMISSED without prejudice. Pursuant to 28 U.S.C. § 1915(a)(3), the
Court certifies that an in forma pauperis appeal of this Order would not be taken in good faith.
IT IS SO ORDERED this 28th day of April 2021.

________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE

likely allow an amendment at that time. See FED. R. CIV. P. 15(a)(2).

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