Allen v. Maruf et al

Filing 9

ORDER approving and adopting 6 Recommendation in its entirety as this Court's findings in all respects; dismissing without prejudice Allen's claims against Harris, Bennett, and Pulaski County; dismissing with prejudice Allen's claims against the Pulaski County Sheriff's Department; allowing Allen to proceed with his medical care claims against Maruf, Brawley, Turn Key, Tillman, Mitchell, and Roberts; directing the Clerk to prepare a summons for Brawley, Maruf, Turn Key, Til lman, Mitchell, and Roberts; directing the U.S. Marshal to serve the summons, complaint, amended complaint, and this Order on them without prepayment of fees and costs or security therefor; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 3/8/2018. (cmn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

ERIC L. ALLEN
V.

PLAINTIFF
4:17CV00863 SWW/JTR

DR. MARUF,
Pulaski County Regional Detention Facility, 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.

Allen's claims against Harris, Bennett, and Pulaski County are DISMISSED

WITHOUT PREJUDICE.
2.

Allen's claims against the Pulaski County Sheriff's Department are DISMISSED

WITH PREJUDICE.
3.

Allen may PROCEED with his § 1983 medical care claims against Maruf, Brawley,

Turn Key, Tillman, Mitchell, and Roberts.
4.

The Clerk is directed to prepare a summons for: (a) Brawley at the PCRDF; and

(b) Maruf, Turn Key, Tillman, Mitchell, and Roberts through Attorney Benjamin D. Jackson at
Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., 425 West Capitol Avenue, Suite 1800,
Little Rock, AR 72201. 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

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any of the defendants are no longer Pulaski County or Turn Key employees, the individual
responding to service must file a sealed statement providing the unserved defendant's last known
private mailing address.
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 8th day of March, 2018.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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