Willyard v. James et al

Filing 10

ORDER approving and adopting 7 Recommended Disposition as this Court's findings in all respects; dismissing Plaintiff's claim against Defendant Dunhan and allowing the claim against Defendant James to proceed; directing the Clerk of the C ourt to prepare a summons for Defendant James through the Russellville Police Department; and directing the U.S. Marshal to serve a copy of the 2 Complaint, this order, and summons without prepayment of fees, costs, or security.Signed by Judge Susan Webber Wright on 9/14/2016. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PHILLIP WILLYARD
ADC #152418
V.

PLAINTIFF

CASE NO. 4:16-CV-561 SWW-JTK

CAREY JAMES, Detective/Officer, Russellville
Police Department; JAMES DUNHAM, Public
Defender/Attorney, Pope County Circuit Court

DEFENDANTS

ORDER
The Court has received a Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Jerome T. Kearney. After careful review of the Recommendation, Plaintiff Phillip
Willyard’s timely objections, as well as a de novo review of pertinent portions of the record, the
Court concludes that the Recommendation should be, and hereby is, approved and adopted as this
Court’s findings in all respects.
Plaintiff’s claim against Defendant Dunham is dismissed, and his claim against Defendant
James may proceed. The Clerk of the Court is directed to prepare a summons for Defendant James,
and the United States Marshal is directed to serve a copy of the complaint [ECF No. 2], this order,
and summons, upon him, without prepayment of fees and costs or security therefor. Service should
be attempted at the Russellville Police Department, 115 West H Street, Russellville, AR 72801.

IT IS SO ORDERED THIS 14TH DAY OF SEPTEMBER, 2016.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE