Whitmore v. Taylor et al

Filing 8

ORDER adopting 7 the Recommendation in its entirety; allowing Whitmore to proceed with his failure to protect claims against Taylor and Bolin, in their individual capacities only; directing the Clerk to prepare a summons for Taylor and Bolin; direc ting the USMS to serve the summons, complaint, amended complaint, and this Order on them without prepayment of fees and costs or security therefore; and dismissing without prejudice, Whitmore's official capacity claims against Taylor and Bolin. Signed by Judge James M. Moody Jr. on 5/19/2017. (kdr) (Docket text modified on 5/19/2017 to correct a typographical error).(jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ALVONTAE WHITMORE
V.

PLAINTIFF
5:17CV00073 JM/JTR

TAYLOR, Corporal; and
GREG BOLIN, Chief/Head Administrator,
Brassell 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.

Whitmore may PROCEED with his failure to protect claims against Taylor and

Bolin, in their individual capacities only.
2.

The Clerk is directed to prepare a summons for Taylor and Bolin. 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 either of the defendants are no longer
Jefferson County employees, the individual responding to service must file a sealed statement
providing the unserved defendant's last known private mailing address.
3.

Whitmore's official capacity claims against Taylor and Bolin are DISMISSED

WITHOUT PREJUDICE.
Dated this 19th day of May, 2017.

________________________________
UNITED STATES DISTRICT JUDGE