Cincoski v. Richard et al

Filing 48

ORDER ADOPTING 44] Partial Report and Recommendations terminating 36 Motion for Hearing; denying 27 Motion to Appoint Counsel; denying 25 Motion for Injunctive Relief; terminating 41 Motion for Trial; denying 35 Motion to Amend/Correct; [28 ] Motion for Discovery; denying as premature 42 Motion to Take Deposition; and denying Motion for Default Judgment; and directing the Clerk to once again prepare summons for deft Richard and the U.S. Marshal to serve a copy of the complaint and amended complaint on deft Richard in care of the attorneys for CMS without prepayment of fees therefor. Signed by Judge Susan Webber Wright on 1/4/10. (bkp) (Docket text modified on 1/4/2010 to correct typographical error.) (thd).

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION DANIEL CINCOSKI ADC #143538 V. 1:09-cv-00038 SWW-JJV PLAINTIFF

RICHARD, Dr., Grimes Unit, Arkansas Department of Correction; DANIELS, Dr., Grimes Unit, Arkansas Department of Correction; CASH, Mrs., Mental Health, Grimes Unit, Arkansas Department of Correction; and ROGERS, Mr., Mental Health, Arkansas Department of Correction ORDER

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge Joe J. Volpe and the parties' objections. After carefully considering the objections 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. 2. 3. 4. 5. Plaintiff's Motion for Injunctive Relief (Doc. No. 25) is DENIED; Plaintiff's Motion to Amend (Doc. No. 35) is DENIED; Plaintiff's Motion for the Appointment of Counsel (Doc. No. 27) is DENIED; Plaintiff's "Motion for Discovery" (Doc. No. 28) is DENIED as moot; Plaintiff's "Motion for Jury Trial" (Doc. No. 41) and "Motion for a Hearing" (Doc. No. 36) shall be terminated. The Clerk of the Court is directed to note Plaintiff's jury trial request on the docket entries in this matter, and a pre-jury evidentiary hearing will be scheduled following the completion of service on all of the 1

Defendants; 6. Plaintiff's Motion to Depose Defendant Richard (Doc. No. 42) is DENIED as premature. The Clerk of the Court is directed to once again prepare summons for this Defendant, to be served in care of the attorneys for Correctional Medical Services, and the United States Marshal is directed to serve a copy of Complaint (Doc. No. 2), the Amended Complaint (Doc. No. 15), and this Order and summons on Defendant Richard, without prepayment of fees and costs or security therefore; and Plaintiff's Motion for Default Judgment (Doc. No. 42) is DENIED.

7.

DATED this 4th day of January, 2010.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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