Clarke v. Federal Transfer Center et al
ORDER APPROVING AND ADOPTING 127 PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION in their entirety as this Court's findings in all respects; granting in part and denying in part 107 motion for summary judgment; dismissing with prejudic e plaintiff Tibal Clarke's Bivens claims against Ella Taylor, Amy Barker, and Kathleen Maples; allowing Mr. Clarke to proceed with his Bivens claims against Dr. Matos and Dr. Peikar and his Federal Tort Claim Act negligence claim against the United States of America; and certifying that an in forma pauperis appeal from the Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 03/30/2015. (rhm)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Case No. 2:13-cv-00026-KGB-JTR
Registered Nurse, FCI-FC, et al.
The Court has received Proposed Findings and Recommended Partial Disposition from
United States Magistrate Judge J. Thomas Ray (Dkt. No. 127). No objections have been filed.
After careful consideration, the Court finds 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:
The Court grants in part and denies in part the motion for summary judgment filed
by the individual defendants (Dkt. No. 107). The Court grants the motion as to defendants Ella
Taylor, Amy Barker, and Kathleen Maples and denies the motion as to defendants Dr. Hipolito
Matos and Dr. Nader Peikar.
The Court dismisses with prejudice plaintiff Tibal Clarke’s Bivens claims against
Ms. Taylor, Ms. Barker, and Ms. Maples.
Mr. Clarke may proceed with his Bivens claims against Dr. Matos and Dr. Peikar
and his Federal Tort Claim Act (“FTCA”) negligence claim against the United States of
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from the Order would not be taken in good faith.
SO ORDERED this the 30th day of March, 2015.
Kristine G. Baker
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?