Clarke v. Federal Transfer Center et al

Filing 129

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION TIBAL CLARKE, Reg. #97273-071 v. PLAINTIFF Case No. 2:13-cv-00026-KGB-JTR ELLA TAYLOR, Registered Nurse, FCI-FC, et al. DEFENDANTS ORDER 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: 1. 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. 2. The Court dismisses with prejudice plaintiff Tibal Clarke’s Bivens claims against Ms. Taylor, Ms. Barker, and Ms. Maples. 3. 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 America. 4. 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 2

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