Ganther v. Arkansas Department of Correction et al

Filing 10

ORDER adopting the partial recommendation, 8 , as modified and rejecting Ganther's objection, 9 , in part. The Court orders service on Drs. Hughes, Kirk, and Ware through the Humphries and Odum law firm. Ganther has until 30 June 2015 to file a motion for service listing any other doctors or nurses with their addresses and roles. The ADC is dismissed with prejudice as a defendant. An in forma pauperis appeal from this Order will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 3/30/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CELECIA GANTHER ADC #705329 v. PLAINTIFF No. 1:15-cv-4-DPM-JTR ARKANSAS DEPARTMENT OF CORRECTION; HUGES} Doctor, McPherson Unit, ADC; and DOES, Doctors, Wrightville Unit, ADC and Doctors, McPherson Unit DEFENDANTS ORDER On de novo review, the Court adopts the partial recommendation, NQ 8, as modified and rejects Ganther's objection, NQ 9, in part. FED. R. CIV. P. 72(b)(3). The Court construes Ganther's objection listing the names of the Wrightsville doctors as a motion for service. The Court therefore orders service on Drs. Hughes, Kirk, and Ware through the Humphries and Odum law firm. Ganther' s objection did not list any additional doctors at the McPherson Unit. If she intended to name other doctors or nurses, she has until30 June 2015 to file a motion for service listing their names and addresses and roles. The Arkansas Department of Correction is dismissed with prejudice as The Court directs the Clerk to change the name from Huges to Hughes. 1 a defendant. An in forma pauperis appeal from this Order will not be taken in good faith. 28 U.S.C. ยง 1915(a)(3). So Ordered. D.P. Marshall J . United States District Judge -2-

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