Doolittle v. Pichouski et al

Filing 26

ORDER ADOPTING 15 Partial Report and Recommendations and directing the Clerk to prepare a summons for defts Stewart, Lumpkins, Andrews, Bettis, Pichouski and Hoskins and the U.S. Marshal to serve the summons, complaint, amended complaint, the second amended complaint and this order on those defts without prepayment of costs therefor. Signed by Judge G. Thomas Eisele on 7/20/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ARTHUR L. DOOLITTLE V. 4:09CV00376 GTE/JTR DEFENDANTS PLAINTIFF PICHOUSKI, Sergeant, Faulkner County Detention Center, et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A: (a) Plaintiff shall PROCEED with his inadequate medical care, retaliatory disciplinary, and excessive force claims against Defendants Stewart, Lumpkins, Andrews, Bettis, Pichouski, and Hoskins; and (b) all other claims and Defendants are DISMISSED, WITHOUT PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this Order would not be taken in good faith. 3. The Clerk is directed to prepare a summons for Defendants Stewart, Lumpkins, Andrews, Bettis, Pichouski, and Hoskins. The United States Marshal is directed to serve the summons, the Complaint (docket entry #2), the Amended Complaint (docket entry #9), the Second Amended Complaint (docket entry #12), and this Order on those Defendants without prepayment of fees and costs or security therefor.1 Dated this 20th day of July , 2009. /s/ Garnett Thomas Eisele UNITED STATES DISTRICT JUDGE If any of the Defendants are no longer Faulkner County Employees, the individual responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 1

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