Stilley v. USA et al

Filing 42

ORDER adopting in part and rejecting in part 35 the proposed findings and partial recommended disposition. Stilley's claim under the Freedom of Information Act and his claim under the Federal Tort Claims Act arising from his incarceration at FCI Oakdale are dismissed without prejudice because the failure to exhaust administrative remedies does not warrant dismissal with prejudice. The rest of the PRD is adopted in its entirety. Signed by Chief Judge Brian S. Miller on 10/3/2016. (kdr)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
OSCAR STILLEY
Reg. # 10579-062
v.

PLAINTIFF
CASE NO. 2:15-CV-00163 BSM

UNITED STATES OF AMERICA, et al.

DEFENDANTS

ORDER
The proposed findings and partial recommended disposition (“PRD”) submitted by
United States Magistrate Judge Beth Deere [Doc. No. 35] and plaintiff Oscar Stilley’s
objections [Doc. No. 40] have been reviewed. After de novo review of the record, the PRD
is adopted in part and rejected in part. Specifically, Stilley’s claim under the Freedom of
Information Act and his claim under the Federal Tort Claims Act arising from his
incarceration at FCI Oakdale are dismissed without prejudice because the failure to exhaust
administrative remedies does not warrant dismissal with prejudice. See Barbee v. Corr. Med.
Services, 394 F. App’x 337, 338 (8th Cir. 2010).
The rest of the PRD is adopted in its entirety. Accordingly, Stilley’s motion for partial
summary judgment [Doc. No. 29] is denied. The government’s motion to dismiss [Doc. No.
20] is granted in part and denied in part. Stilley may proceed with two of his FTCA claims:
1) his May 15, 2013, battery claim and 2) his claim relating to the denial of prescribed
medication at FCI Forrest City. Except for the above-mentioned FOIA claim and the FTCA

claim arising from Stilley’s incarceration at FCI Oakdale, which are dismissed without
prejudice, Stilley’s remaining claims are dismissed with prejudice,
IT IS SO ORDERED this 3rd day of October 2016.

________________________________
UNITED STATES DISTRICT JUDGE