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)

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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

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