Mayfield v. Briann et al

Filing 11

ORDER approving and adopting the 8 Recommendation in its entirety as this Court's findings in all respects; dismissing with prejudice William Timothy Mayfield's claim against the Saline County Detention Facility; allowing Mayfield to pr oceed with his inadequate dental care claim against Briann and Massiet; directing the Clerk to prepare a summons for Briann and Massiet; directing the U.S. Marshal to serve the summons, 2 complaint, 6 amended complaint, and 10 motion for a p reliminary injunction and this Order on them without prepayment of fees, costs, or security therefor; directing the individual responding to service to file a sealed statement containing the unserved defendant's last know private mailing address , if either defendant is no longer a Saline County employee; directing the Defendants to file with their answer a response to Mayfield's motion for preliminary injunction; and certifying that pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 1/4/2017. (mef)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION WILLIAM TIMOTHY MAYFIELD, ADC #659228 V. PLAINTIFF 4:16CV00736 SWW/JTR BRIANN, Nurse; MASSIET, Jail Administrator; and Saline County Detention Facility DEFENDANTS ORDER The Court has reviewed the Recommendation submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, the Recommendation is approved and adopted in its entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. William Timothy Mayfield's claim against the Saline County Detention Facility is DISMISSED WITH PREJUDICE. 2. Mayfield may PROCEED with his inadequate dental care claim against Briann and Massiet. 3. The Clerk is directed to prepare a summons for Briann and Massiet. The U.S. Marshal is directed to serve the summons, complaint, amended complaint, motion for a preliminary injunction, and this Order on them without prepayment of fees and costs or security therefor. If either defendant is no longer a Saline County employee, the individual responding to service must file a sealed statement containing the unserved defendant's last known private mailing address. 4. Defendants must file, with their answer, a response to Mayfield's motion for a preliminary injunction. 5. It is CERTIFIED, pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Dated this 4th day of January, 2017. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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