Bradley v. Outlaw

Filing 18

ORDER adopting 12 Proposed Findings and Recommended Partial Disposition; adding Officer Meadows, Nurse Wyatt, Psychologist Spitz, and United States as Defendants; dismissing all other claims and Defendants, without prejudice, for failing to state a claim upon which relief may be granted; directing the Clerk to prepare a summons for Defendants Meadows, Nurse Wyatt, Psychologist Spitz, and the United States. Signed by Judge James M. Moody on 1/3/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

CORY DEONTRA BRADLEY
REG #31675-044
V.

PLAINTIFF

2:11CV00153 JMM/JTR

T.C. OUTLAW,
Warden, FCI-Forrest City

DEFENDANT

ORDER
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 careful review, 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.

Officer Meadows, Nurse Wyatt, Psychologist Spitz, and the United States

are ADDED as Defendants.
2.

Plaintiff may PROCEED, under Bivens, with his Eighth Amendment

failure to protect and inadequate medical care claims against Defendants Meadows,
Wyatt, and Spitz.

3.

Plaintiff may PROCEED with his FTCA claims against Defendant

United States.
4.

All other claims and Defendants are DISMISSED, WITHOUT

PREJUDICE, for failing to state a claim upon which relief may be granted.
5.

The Clerk is directed to prepare a summons for Defendants Meadows,

Nurse Wyatt, Psychologist Spitz, and the United States. The United States Marshal
is directed to serve the summons, the Complaint, Amended Complaint, and this Order
on them, the United States Attorney for the Eastern District of Arkansas, and the
United States Attorney General, without prepayment of fees and costs or security
therefor.1
6.

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.
Dated this 3 day of January , 2012.

UNITED STATES DISTRICT JUDGE

1

If any of the Defendants are no longer federal employees, the individual
responding to service shall file, with the return of unexecuted service, a SEALED
Statement providing the last known private mailing address for the unserved
Defendant.