IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION ERIC D. SMITH PLAINTIFF v. Civil No. 6:19-cv-06043 HEATH DICKSON DEFENDANT

ORDER Before this Court is Plaintiff's Motion for Service. ECF No. 2. The Court previously granted Plaintiff's Motion for Leave to Proceed In Forma Pauperis. ECF No. 6. The Court now GRANTS Plaintiff's Motion for Service. This Court directs the U.S. Marshal to serve a copy of the Amended Complaint filed on May 2, 2019 (ECF No. 5), and a copy of this order on the Defendant by serving: CPL Heath Dickson Malvern Police Department 215 E. Highland Ave. Ste 113 Malvern, AR 72104 without prepayment of fees and costs or security thereof. Defendants are ordered to answer within twenty-one (21) days from the date of service. The Clerk is directed to prepare and issue a summons and an USM 285. Plaintiff has also named the Hot Springs County Jail and the Malvern Police Department as a defendant. These entities are not typically subject to suit under

. See e.g., Dean v. Barber,

(11th Cir. 1992)(“[s]heriff’s departments and police departments are not usually considered legal entities subject to suit”); Powell v. Cook County Jail,

(N.D. Ill. 1993)(jail not subject to suit); Marsden v. Fed. Bureau of Prisons,

(S.D.N.Y. 1994)(“jail is not an entity that is amenable to suit”). The Clerk is DIRECTED to terminate the Hot Springs County Jail and the Malvern Police Department as a defendants. IT IS SO ORDERED this 3rd day of May 2019.

/s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE