Castro v. FCI - Forrest City et al

Filing 15

ORDER ADOPTING 10 Partial Report and Recommendations in their entirety; therefore, defts FCI-FC medical staff, FCI-FC, and the Federal Bureau of Prisons are dismissed with prejudice; pltf may proceed with failure to protect claim against defts Sheldon, Haynes, and Doe; the U.S. Marshal is directed to serve summons, complaint 1 7 8 , and this Order on defts Sheldon and Haynes, the U.S. Attorney, and the U.S. Attorney General without prepayment of fees and costs; pltf is directed to file, within 90 days of the entry of this Order, a motion for service containing deft Doe's full and correct name. Signed by Judge J. Leon Holmes on 10/28/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JORGE A. CASTRO,
REG. #42416-279
v.

PLAINTIFF

No. 2:13CV00068 JLH/JTR

FCI-FORREST CITY,
Medical Staff, et al.

DEFENDANTS
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.

Defendants FCI-FC medical staff, FCI-FC, and the Federal Bureau of Prisons are

DISMISSED, WITH PREJUDICE.
2.

Plaintiff may PROCEED with failure to protect claim against defendants Sheldon,

Haynes, and Doe.
3.

The Clerk is directed to prepare a summons for defendants Sheldon and Haynes. The

U.S. Marshal is directed to serve the summons, complaint, amended complaint, second amended
complaint, and this Order on defendants Sheldon and Haynes, 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
1

If either defendant is no longer a federal employee, the individual responding to service must
file the unserved defendant’s last known private mailing address under seal.

4.

Plaintiff must file, within 90 days of the entry of this Order, a motion for service

containing defendant Doe’s full and correct name.
5.

Plaintiff is advised that if he fails to timely and properly do so, defendant Doe will be

dismissed from this action, without prejudice, due to a lack of service. See Fed. R. Civ. P. 4(m).
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 28th day of October, 2013.

UNITED STATES DISTRICT JUDGE