Pittman v. Smith et al

Filing 11

ORDER adopting 9 Report and Recommendations in their entirety; therefore, Pltf's 1983 challenge to his involuntary commitment is DISMISSED WITHOUT PREJUDICE and his inadequate medical care claim is DISMISSED WITH PREJUDICE; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 5/12/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION BRIAN DOUGLAS PITTMAN V. CHARLES SMITH; Director, Arkansas State Hospital; and DR. BRASHEARS, Hot Springs County Memorial Hospital ORDE R The Court has reviewed the Proposed Findings and Recommended 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 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. Pursuant to 28 U.S.C. § 1915(e)(2): (a) Plaintiff's § 1983 challenge to his involuntary 4:09CV00195 SWW/JTR PLAINTIFF

DEFENDANTS

commitment is DISMISSED, WITHOUT PREJUDICE; and (b) Plaintiff's inadequate medical care claim is DISMISSED, WITH PREJUDICE. 2. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order and the accompanying Judgment would not be taken in good faith. Dated this 12th day of May, 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE