Blair v. Shock et al

Filing 12

ORDER adopting 11 Recommendation in its entirety as this Court's findings in all respects. Blair may proceed with his failure to protect claim against McKendree and Roper in their individual capacities only and his inadequate care claim agains t Saxton in his individual capacity only. The Clerk is directs to prepare summons for McKendree, Roper, and Saxton and the U.S. Marshal is directed to serve the summons, substituted complaint, and this Order on them without prepayment of fees and cos ts or security therefor. All other claims and defendants are dismissed without prejudice for failing 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 12/29/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JOSEPH RYAN BLAIR,
ADC #127526
v.

PLAINTIFF

No. 4:15CV00641 JLH/JTR

ANDY SHOCK, Commissioner,
Arkansas Parole Board, et al.

DEFENDANTS
ORDER

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

Blair may proceed with his: (a) failure to protect claim against McKendree and

Roper, in their individual capacities only; and (b) inadequate medical care claim against Saxton, in
his individual capacity only.
2.

The Clerk is directed to prepare a summons for McKendree, Roper, and Saxton. The

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

All other claims and defendants 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 December, 2015.

UNITED STATES DISTRICT JUDGE