Crawford v. Peikar et al

Filing 8

ORDER ADOPTING 6 Partial Report and Recommendations in their entirety; therefore, Michelle Wingo is added as a deft; the U.S. Marshal is directed to serve summons, complaints 2 5 , and this Order on defts Peikar, Graham, Hoy, McCay, Roberts, Heu ett, Outlaw, Gallardo, Brown, Ward, Resto, Rios, Maples, and Wingo, and the U.S. Attorney's Office and the U.S. Attorney General, without prepayment of fees and costs; all other claims and defts are dismissed without prejudice. Signed by Judge Susan Webber Wright on 1/3/13. (vjt)

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

JEFFERY L. CRAWFORD,
Reg. #35243-044
V.

PLAINTIFF
2:12CV00224 SWW/JTR

NADER PEIKAR, Doctor,
FCI-FC, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial
Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed
objections. After carefully considering these documents 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. The Court further finds, based
on plaintiff’s amended complaint, that Michelle Wingo, a member of the medical staff
at FCI-FC, should be added as a defendant. It appears plaintiff alleges she was
deliberately indifferent to his medical needs as to his spinal and nerve damage.1
IT IS THEREFORE ORDERED that:
1.
1

Plaintiff may PROCEED with claim that Defendants Peikar, Graham,

See Am. Comp. at 6; Objections at 4-5.

Hoy, McCay, Roberts, Heuett, Outlaw, Gallardo, Brown, Ward, Resto, Rios, and
Maples provided him with inadequate medical care for spinal and nerve damage. It
is further ordered that Michelle Wingo be added as a defendant.
2.

All other claims and Defendants are DISMISSED WITHOUT

PREJUDICE.
3.

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

Graham, Hoy, McCay, Roberts, Heuett, Outlaw, Gallardo, Brown, Ward, Resto, Rios,
Maples, and Wingo. The U.S. Marshal is directed to serve the summons, 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.2
4.

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 3rd day of January, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

2

If any of the Defendants are no longer federal employees, the individual
responding to service must file the unserved Defendant’s last known private mailing
address under seal.