Waters v. Munyan et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 pltf's claims against the Faulkner County Detention Center are dismissed without prejudice for failure to state a claim upon which relief may be granted; an in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 8/4/15. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DAVID WATERS
VS.

PLAINTIFF
4:15-CV-00402-BRW-JWC

MONTE MUNYAN, et al.

DEFENDANTS
ORDER

I have reviewed the Proposed Findings and Recommended Disposition submitted by
United States Magistrate Judge Jerry Cavaneau (Doc. No. 4). No objections have been filed and
the time for doing so has passed.1 After careful consideration, I approve and adopt as my
findings in all respects the Proposed Findings and Recommended Disposition in its entirety.
Accordingly, Plaintiff’s claims against the Faulkner County Detention Center are
DISMISSED without prejudice for failure to state a claim upon which relief may be granted.2
I certify that an in forma pauperis appeal from this Order would not be taken in good
faith.3
IT IS SO ORDERED this 4th day of August, 2015.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

A response was due July 30, 2015.

2

See Owens v. Scott County Jail, 328 F.3d 1026, 1027 (8th Cir. 2003) (“county jails are not legal
entities amenable to suit”).

3

28 U.S.C. § 1915(a)(3).
1