Williams v. USA

Filing 31

ORDER adopting 30 Recommended Partial Disposition. Defendants' 20 Motion for Summary Judgment is granted in part and denied in part. This case is ready to be set for a bench trial. The Court's calendar in the coming months is full, t hough. Magistrate Judge Ray can probably try this case sooner. The Court therefore encourages the parties to consider consenting to a trial before the Magistrate Judge. The Court directs the Clerk to send the parties another set of consent forms. The deadline for returning those forms is 4/28/2017. Thereafter, either Magistrate Judge Ray or I will appoint counsel for trial and issue a Final Scheduling Order. Signed by Judge D. P. Marshall Jr. on 3/21/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ULYSSES WILLIAMS
Reg. #06296-025

v.

PLAINTIFF
No. 2:15-cv-123-DPM-JTR

USA; C. V. RIVERA, Warden;
ANITA FORD, Facilities Supervisor;
B. KEITH, Associate Warden Over Facilities;
and GOTREAUX, Mr., Captain

DEFENDANTS

ORDER
1. Unopposed recommendation, NQ 30, adopted. FED. R. Crv. P. 72(b)
(1983 addition to advisory committee notes). Motion for summary judgment,
NQ 20, granted in part and denied in part. Williams' s ADA and Eighth

Amendment claims against all Defendants are dismissed with prejudice. His
FTCA claim against the United States goes forward.
2. As Magistrate Judge Ray notes, there is no right to a jury trial in
FTCA cases. This case is therefore ready to be set for a bench trial. The
Court's calendar in the coming months is full, though. Magistrate Judge Ray
can probably try this case sooner. The Court therefore encourages the parties
to consider consenting to a trial before the Magistrate Judge. It's entirely up

to the parties; but the Court highlights this option out of respect for the
parties' time.
3. The Court directs the Clerk to send the parties another set of consent
forms. The deadline for returning those forms is 28 April 2017. Thereafter,
either Magistrate Judge Ray or I will appoint counsel for trial and issue a Final
Scheduling Order.
So Ordered.

v

D.P. Marshall Jr.
United States District Judge