Polk v. Pulaski County et al

Filing 12

ORDER ADOPTING 9 Partial Report and Recommendations and allowing pltf to proceed with claims against defts Blankenship, Ward, Elizandro, Woodward, Hunter, Seaton and McKenzie. The Clerk is directed to prepare a summons for these defts 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 therefor. The Court certifies that an ifp appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 8/8/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ALLEN POLK,
#1902-11
V.

PLAINTIFF
4:11CV00501 BRW/JTR

PULASKI COUNTY, et. al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed.1
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 may PROCEED with his conditions of confinement claim related to

receiving inadequate hydration and his excessive force claim against Defendants
Blankenship, Ward, Elizandro, Woodward, Hunter, Seaton, and McKenzie.2
2.

The remaining claims and Defendants are DISMISSED, WITHOUT

PREJUDICE, for failing to state a claim upon which relief may be granted.

1

Plaintiff has filed a response stating that he has no objections. See Doc. No. 11.

2

If any of the Defendants are no longer North Little Rock employees, the
individual responding to service shall file – UNDER SEAL – the unserved Defendant’s
last known private mailing address.
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3.

The Clerk is directed to prepare a summons for Defendants Blankenship, Ward,

Elizandro, Woodward, Hunter, Seaton, and McKenzie. 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.
4.

The Court CERTIFIES, 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 8th day of August, 2011.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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