Carter v. Biddings et al

Filing 10

ORDER ADOPTING 8 Partial Report and Recommendations dismissing Grievance Officer Brawley without prejudice, directing the Clerk to prepare a summons for defts Biddings, Stowe, Daniels, Morgan, Johnson, Speers and Jefferson, directing the U.S. Marshal to serve the summons, complaint and this order on defts without prepayment of costs therefor. Signed by Judge Brian S. Miller on 10/28/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ELMER L. CARTER ADC #600308 V. 4:09CV00757 BSM/JTR DEFENDANTS PLAINTIFF ANGELA BIDDINGS, Nurse, Pulaski County Regional Detention Center, et al. ORDER 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. IT IS THEREFORE ORDERED that: 1. Pursuant to the screening function mandated by 28 U.S.C. 1915A: (a) defendant Grievance Officer Brawley is DISMISSED, WITHOUT PREJUDICE, because plaintiff has failed to state a viable claim against her; and (b) plaintiff shall PROCEED with his inadequate medical care claims against the remaining seven defendants. 2. The court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this order would not be taken in good faith. 3. The Clerk is directed to prepare a summons for defendants Biddings, Stowe, Daniels, Morgan, Johnson, Speers, and Jefferson. 4. The U.S. Marshal is directed to serve the summons, complaint, and this order on defendants Bidding, Stowe, Daniels, Morgan, Johnson, Speers at the Pulaski County Detention Center without prepayment of fees and costs or security therefor.1 5. The U.S. Marshal is directed to serve the summons, complaint, and this order on defendant Jefferson at the Health for Life Center, 1100 N. University, Suite 240, Little Rock, AR 72205.2 Dated this 28th day of October, 2009. UNITED STATES DISTRICT JUDGE If any of the defendants are no longer Pulaski County 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 defendant Jefferson no longer works for the Health for Life Center, the individual responding to service shall file, with the return of unexecuted service, a SEALED statement providing his last known private mailing address. 2 2 1

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