Coleman v. Holliday et al

Filing 9

ORDER approving and adopting 7 Recommendation; dismissing Coleman's claims against the Pulaski County Detention Center with prejudice; dismissing his access to courts, inhumane conditions of confinement, and equal protection claims against all other defendants without prejudice; certifying that an in forma pauperis appeal of these rulings would not be taken in good faith; directing the Clerk to prepare a summons for Holliday, McGee, Robinson, Hodges, and Turner; and directing the US Marsh al to serve the summons, 2 complaint, 5 amended complaint, and this order on them without prepayment of fees and costs or security. If the defendants are no longer Pulaski County employees, the individual responding to service must file a sealed statement providing the unserved defendant's last known private mailing address. Signed by Judge Billy Roy Wilson on 12/30/2016. (rhm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ALEX COLEMAN
V.

PLAINTIFF
4:16CV00759 BRW/JTR

DOC HOLLIDAY,
Pulaski County Sheriff, et al.

DEFENDANTS
ORDER

I have reviewed the Recommendation submitted by United States Magistrate Judge J.
Thomas Ray and the objections. After carefully considering these documents and making a de
novo review of the record in this case, I approve and adopt the Recommendation as set out below:
Coleman’s claims against the Pulaski County Detention Center are dismissed with
prejudice. His access to the courts, inhumane conditions of confinement, and equal protection
claims against all other defendants are dismissed without prejudice. It is certified that an in forma
pauperis appeal of theses rulings would not be taken in good faith.1
Coleman may proceed with his due process claims against Holliday, McGee, Robinson,
Hodges, and Turner. 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 Pulaski
County employees, the individual responding to service must file a sealed statement providing the
unserved defendant’s last known private mailing address.
IT IS SO ORDERED this 30th day of December, 2016.
/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

28 U.S.C. § 1915(a)(3).