November 6, 2008
The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After carefully considering these documents and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED that:
1. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, Defendant Saline County Jail is DISMISSED, WITH PREJUDICE, because it is not an entity amendable to suit in a § 1983 action.
2. The Court CERTIFIES, 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.
3. The Clerk is directed to prepare a summons for Defendants Mehr, Sessions, and Reed, and the United States Marshal is directed to serve the summons, Complaint (docket entry #2), Amended Complaint (docket entry #5), Addendum (docket entry #7), Second Amended Complaint (docket entry # 8) and Third Amended Complaint (docket entry # 13) upon them without prepayment of fees and costs or security therefor.
Defendant Mehr was originally referred to as Defendant Mayor. Since the filing of the Recommended Partial Disposition, Plaintiff has clarified that the correct spelling of Defendant Mayor's last name is "Mehr" and the Court has directed that the docket so reflect.
If any of the Defendants are no longer Saline County employees, the person responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the unserved Defendant's last known private mailing address.