Capps v. White County Detention Center et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 ; Capps may proceed with his inadequate medical care claim against Jones, McCollum, Grimes, Brook and Bentley in their individual capacities only; the Clerk is directed to prepare summons for Jones, McColl um, Grimes, Brook, and Bentley; the US Marshal is directed to serve the summons and complaint, amended complaint and this Order on them without prepayment of fees and costs or security therefore; all other defts and claims are dismissed without prejudice for failure to state a claim upon which relief may be granted; 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 10/29/15. (tjb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMES H. CAPPS,
ADC #119812
v.

PLAINTIFF

No. 4:15CV00549 JLH/JTR

WHITE COUNTY DETENTION CENTER, et al.

DEFENDANTS

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

Capps may proceed with his inadequate medical care claim against Jones, McCollum,

Grimes, Brook, and Bentley in their individual capacities only.
2.

The Clerk is directed to prepare a summons for Jones, McCollum, Grimes, Brook,

and Bentley. The U.S. Marshal is directed to serve the summons, complaint, amended complaint,
and this Order on them without prepayment of fees and costs or security therefor. If any of the
defendants are no longer White County employees, the individual responding to service must file,
with the unexecuted summons, a sealed statement providing the unserved defendant’s last known
private mailing address.
3.

All other defendants and claims are dismissed without prejudice for failing to state

a claim upon which relief may be granted.
4.

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 29th day of October, 2015.

UNITED STATES DISTRICT JUDGE