Shah v. Wingo et al

Filing 94

ORDER approving and adopting in their entirety the three Proposed Findings and Partial Recommended Dispositions 85 , 89 and 93 as this Court's findings in all respects; granting defendants' 80 motion for partial summary judgment; d ismissing without prejudice plaintiff Vivek Shah's claims against defendant Summer Birkhead; dismissing Mr. Shah's Federal Torts Claims Act claims against defendant United States of America as outlined; granting defendant Michelle Wingo 9;s 90 motion for partial summary judgment; dismissing with prejudice Mr. Shah's claims against Ms. Wingo; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 9/12/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
VIVEK SHAH,
Reg. # 43205-424

PLAINTIFF

v.

Case No. 2:15-cv-00004 KGB-JJV

MICHELLE WINGO, Physician’s
Assistant, FCC-Forrest City Low, et al.

DEFENDANTS
ORDER

The Court has reviewed the three Proposed Findings and Partial Recommended
Dispositions (“Recommendations”) submitted by United States Magistrate Judge Joe J. Volpe
(Dkt. Nos. 85, 89, 93). No objections have been filed to any of the Recommendations, and the
time to file objections has passed.

After careful review, the Court concludes that the

Recommendations 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’ motion for partial summary judgment is granted (Dkt. No. 80).

2.

Plaintiff Vivek Shah’s claims against defendant Summer Birkhead are dismissed

without prejudice due to Mr. Shah’s failure to exhaust administrative remedies against Ms.
Birkhead.
3.

Mr. Shah’s Federal Torts Claims Act claims against defendant United States of

America are dismissed as follows:
A.

Mr. Shah’s claims submitted on October 15, 2014 (TRT-SCR-2015-

00222), January 8, 2015 (no number available), and July 29, 2014 (TRT-SCR-2015-02567) are
dismissed without prejudice.

B.

Mr. Shah’s claim arising on December 13, 2014 (TRT-SCR-2015-01377)

is dismissed with prejudice as barred by res judicata.
4.

Defendant Michelle Wingo’s motion for partial summary judgment is granted

(Dkt. No. 90).
5.

Mr. Shah’s claims against Ms. Wingo are dismissed with prejudice.

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.
So ordered this the 12th day of September, 2016.

________________________________
Kristine G. Baker
United States District Judge

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