Muckenfuss v. Drew County Sheriff Office et al

Filing 20

ORDER adopting in all respects the 14 recommended partial disposition. Muckenfuss may proceed only with his inadequate medical care claim against Scotty Arrington in his individual capacity. Muckenfuss's remaining claims against Arrington ar e dismissed without prejudice. Muckenfuss's claims against the Drew County Sheriff's Office and the Drew County Detention Facility are dismissed with prejudice. The clerk is directed to prepare a summons for Arrington, and the U.S. Marshal to serve the summons, complaint, amended complaint, and this order on him without prepayment of fees and costs or security therefor. If Arrington is no longer a Drew County's employee, the individual responding to service must file a sealed statement providing his last known private mailing address. It is certified that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 4/20/2016. (ljb)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WESLEE ALLEN MUCKENFUSS,
ADC #147499
v.

PLAINTIFF

CASE NO. 5:16CV00023 BSM

SCOTTY ARRINGTON et al.

DEFENDANTS

ORDER
The recommended partial disposition submitted by United States Magistrate Judge J.
Thomas Ray and plaintiff Weslee Muckenfuss’s objections thereto have been reviewed.
After carefully considering these documents and making a de novo review of the record, the
recommended partial disposition is adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Muckenfuss may proceed only with his inadequate medical care claim against

Scotty Arrington in his individual capacity.
2.

Muckenfuss’s remaining claims against Arrington are dismissed without

prejudice.
3.

Muckenfuss’s claims against the Drew County Sheriff’s Office and the Drew

County Detention Facility are dismissed with prejudice.
4.

The clerk is directed to prepare a summons for Arrington, and the U.S. Marshal

is directed to serve the summons, complaint, amended complaint, and this order on him
without prepayment of fees and costs or security therefor. If Arrington is no longer a Drew

County’s employee, the individual responding to service must file a sealed statement
providing his last known private mailing address.
5.

It is certified that an in forma pauperis appeal from this order would not be

taken in good faith. 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED this 20th day of April 2016.

UNITED STATES DISTRICT JUDGE

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