James v. Ball et al

Filing 69

ORDER ADOPTING 64 the proposed findings and recommended disposition; granting 48 Defendants' motion for summary judgment; dismissing all of James' claims against defendants Stell and Corizon, Inc., without prejudice; dismissing, without prejudice, James' claim that defendants Butler and Ball provided him with inadequate medical care for tinnitus; dismissing, with prejudice, James' claims that defendants Butler and Ball provided him with inadequate medical care for his port-a-cath and neck/peripheral pain. It is certified that an in forma pauperis appeal from this order and the accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 12/5/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DONNIE B. JAMES
ADC #089050
V.

PLAINTIFF
CASE NO. 2:11CV00161 BSM

DR. DON BALL,
Correctional Medical Services, Inc., et al.

DEFENDANTS

ORDER
The proposed findings and recommended disposition submitted by United States
Magistrate Judge J. Thomas Ray and the filed objections have been reviewed. After
carefully considering these documents and making a de novo review of the record in this
case, it is concluded that the proposed findings and recommended disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ motion for summary judgment [Doc. No. 48] is granted.

2.

All of James’s claims against defendants Stell and Corizon, Inc. are dismissed

without prejudice.
3.

James’s claim that defendants Butler and Ball provided him with inadequate

medical care for tinnitus is dismissed without prejudice.
4.

James’s claims that defendants Butler and Ball provided him with inadequate

medical care for his port-a-cath and neck/peripheral pain are dismissed with prejudice.
5.

It is certified, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this order and the accompanying judgment would not be taken in good faith.
An appropriate judgment will accompany this order.
DATED this 5th day of December 2012.

UNITED STATES DISTRICT JUDGE

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