Lindsey v. Randall et al

Filing 10

ORDER approving and adopting in its entirety the 8 Recommendation as this Court's findings in all respects. Lindsey's challenge to the validity of his parole revocation is dismissed without prejudice. Lindsey may proceed with his First A mendment claim against Randall and Huffman. The Clerk is directed to prepare a summons for Randall and Huffman and the U.S. Marshal to serve the summons, 2 complaint, 7 amended complaint, and this Order on them without prepayment of fees and costs or security therefor. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 1/20/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CHARLES LINDSEY, ADC #131529 v. PLAINTIFF No. 4:16CV00783 JLH/JTR JOHN RANDALL, Jail Administrator; and SCOTT HUFFMAN, Lieutenant, Faulkner County Detention Center DEFENDANTS ORDER The Court has reviewed the Recommendation submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Recommendation is approved and adopted in its entirety as this Court’s findings in all respects. IT IS THEREFORE ORDERED that: 1. Lindsey’s challenge to the validity of his parole revocation is dismissed without prejudice. 2. Lindsey may proceed with his First Amendment claim against Randall and Huffman. 3. The Clerk is directed to prepare a summons for Randall and Huffman. 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 therefor. If either defendant is no longer a Faulkner County employee, the individual responding to service must file a sealed statement providing the unserved defendant’s last known private mailing address. 4. It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. DATED this 20th day of January, 2017. UNITED STATES DISTRICT JUDGE

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