Smith v. Bradely et al

Filing 9

ORDER adopting 6 Recommendation in its entirety as this Court's findings in all respects. Smith may proceed with his failure to protect, inadequate medical care, procedural due process, and equal protection claims against Bradely, Murray, Su tterfield, and Adams. The Clerk is directed to prepare a summons for each of them. 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. If any of t he defendants are no longer Van Buren County employees, the individual responding to service must file a sealed statement providing the unserved defendant's last known private mailing address. Smith's inhumane conditions of confinement claim against Bradely, Murray, Sutterfield, and Adams are dismissed without prejudice. Signed by Judge Billy Roy Wilson on 1/6/2017. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANTHONY SMITH
VS.

PLAINTIFF
4:16CV00679 BRW/JTR

SCOTT BRADELY,
Sheriff, Van Buren County, et al.

DEFENDANTS
ORDER

I have reviewed the Recommendation submitted by United States Magistrate Judge J.
Thomas Ray. No objections were filed. After careful review, I approve and adopt the
Recommendation in its entirety as my findings in all respects.
Smith may proceed with his failure to protect, inadequate medical care, procedural due
process, and equal protection claims against Bradely, Murray, Sutterfield, and Adams. The
Clerk is directed to prepare a summons for each of them. 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. If any of the defendants are no longer Van Buren County employees, the
individual responding to service must file a sealed statement providing the unserved defendant's
last known private mailing address.
Smith's inhumane conditions of confinement claim against Bradely, Murray, Sutterfield,
and Adams are dismissed without prejudice.
It is certified that an in forma pauperis appeal would not be taken in good faith.1
IT IS SO ORDERED this 6th day of January, 2017.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

28 U.S.C. § 1915(a)(3).