Rowe v. Arkansas Department of Correction et al

Filing 11

ORDER ADOPTING 9 Partial Report and Recommendations dismissing separate defts Arkansas Dept of Correction and Correctional Medical Services, Inc. and directing the Clerk to prepare summons for the remaining defts and the U.S. Marshal to serve summons, complaint and amended complaint upon those defts without prepayment of costs therefor. Signed by Judge James M. Moody on 1/5/09. (bkp)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

ALAN EARL ROWE VS. ARKANSAS DEPARTMENT OF CORRECTION; ET AL. ORDE R 4:08CV03943 JMM/JTR

PLAINTIFF

DEFENDANTS

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. Judgment will be entered accordingly. IT IS THEREFORE ORDERED that: 1. PREJUDICE. 2. PREJUDICE. 3. The Clerk is directed to prepare a summons for Defendants Lieutenant Crumpton, Separate Defendant Correctional Medical Services, Inc., is DISMISSED, WITHOUT Separate Defendant Arkansas Department of Correction is DISMISSED, WITH

Corporal Ivy, Corporal T. Sanders, Sergeant H. Williams, Corporal Butler, and Corporal A. Stewart. The United States Marshal is directed to serve the summons, the Complaint and Amended Complaint (docket entries #2 and #8), the Recommended Partial Disposition, and this Order on those six

Defendants through the ADC Compliance Division, without prepayment of fees and costs or security therefor.1 4. The Clerk is directed to prepare a summons for Defendants Nurses Glass and Lewis.

The United States Marshal is directed to serve the summons, the Complaint and Amended Complaint (docket entries #2 and #8), the Recommended Partial Disposition, and this Order on those two Defendants through the Humphries and Lewis law firm, without prepayment of fees and costs or security therefor.2 Dated this 5 day of January, 2009.

________________________________________ UNITED STATES DISTRICT JUDGE

If any of the Defendants are no longer ADC employees, the ADC Compliance Office shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. If any of the Defendants are no longer CMS employees, the Humphries and Lewis law firm shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. -22

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