Montalba v. Drummond et al

Filing 13

ORDER Adopting 9 Recommended Partial Disposition. Montalba may proceed with his §1983 excessive force claim against Johnson, William, Alexander, and Does in their individual capacities only. The Clerk is directed to prepare a summons for J ohnson, William, and Alexander at the PCDF. 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 therefore. Montalba's official capacity claims against Johnson, William, Alexander and Does are dismissed without prejudice. Montalba's inadequate medical care claim against Nelson, Drummond and Griffin in their individual and official capacities are dismissed without prejudice. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 9/22/2017. (mcz)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JUAN C. MONTALBA,
ADC #161935
V.

PLAINTIFF
4:17CV00301 JM/JTR

DRUMMOND, DR.
East Arkansas Regional Unit, ADC, et al.

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.

Montalba may PROCEED with his § 1983 excessive force claim against Johnson,

William, Alexander, and Does in their individual capacities only.
2.

The Clerk is directed to prepare a summons for Johnson, William, and Alexander

at the PCDF. 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 therefore. 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.
3.

Montalba's official capacity claims against Johnson, William, Alexander and Does

are DISMISSED WITHOUT PREJUDICE.
4.

Montalba's inadequate medical care claim against Nelson, Drummond, and Griffin,

in both their individual and official capacities, are DISMISSED WITHOUT PREJUDICE.

5.

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 22nd day of September, 2017.

________________________________
UNITED STATES DISTRICT JUDGE