Lewis v. Green et al

Filing 9

ORDER ADOPTING 7 Partial Report and Recommendations; therefore, the Clerk is directed to correct name of deft Yarbrough; pltf's claims against deft ADC are DISMISSED WITH PREJUDICE and the claims against deft Corizon Inc are DISMISSED WITHOUT PREJUDICE; pltf may proceed with his inadequate medical care claim against defts Green, Harris, Davis, Ball, Carlo, Strickland, Gardner, Hughes, Murry, Horton, Butler, and Yarbrough; the U.S. Marshal is directed to serve summons, complaint (pages 1 through 42), amended complaint, and this Order on these defts without prepayment of fees and costs. Signed by Judge J. Leon Holmes on 9/20/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ARTHUR C. LEWIS, JR.,
ADC #66947
v.

PLAINTIFF

No. 2:13CV00073 JLH/JTR

CHARLOTTE GREEN, Registered Nurse,
East Arkansas Regional Unit, 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.
IT IS THEREFORE ORDERED that:
1.

The Clerk is directed to amend the docket sheet to reflect that defendant Yarbo’s last

name is “Yarbrough.”
2.

Plaintiff’s claims against defendant ADC are DISMISSED, WITH PREJUDICE.

3.

Plaintiff’s claims against defendant Corizon, Inc. are DISMISSED, WITHOUT

PREJUDICE.
4.

Plaintiff may PROCEED with his inadequate medical care claim against defendants

Green, Harris, Davis, Ball, Carlo, Strickland, Gardner, Hughes, Murry, Horton, Butler, and
Yarbrough. The Clerk is directed to prepare a summons for those twelve defendants, and the United
States Marshal is directed to serve the summons, complaint (pages 1 through 42),1 amended
1

The complaint is forty-two pages long and includes an additional eighty-five pages of
grievance forms. Due to the length of the complaint and the number of defendants, the Court will

complaint, and this Order on them through the Humphries law firm without prepayment of fees and
costs or security therefor.2
5.

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 20th day of September, 2013.

UNITED STATES DISTRICT JUDGE

only serve the first forty-two pages. Counsel for defendants may obtain a full copy of the complaint
and its numerous attachments from CM/ECF or by calling the Court.
2

If any of the defendants are no longer Corizon, Inc., employees, the Humphries law firm
must file, with the return of unexecuted service, a SEALED statement providing the last known
private mailing address for the unserved defendant.
2