Brown v. Stewart et al
ORDER ADOPTING 14 Partial Report and Recommendations and allowing plaintiff to proceed with his inadequate medical care claims and dismissing plaintiff's HIPAA claim with prejudice. The Clerk is directed to prepare a summons for defts Stewart, Bryant, Byrd, and Brown, and the U.S. Marshal is directed to sserve the summons, Complaint, and this Order on them without prepayment of fees therefor. The Court certifies that an ifp appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 6/3/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DR. STEWART, Medical Director,
Faulkner County Detention Center, et al.
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:
Plaintiff may PROCEED with his inadequate medical care claims against Defendants.
Plaintiff’s HIPAA claim is DISMISSED, WITH PREJUDICE, for failing to state a
claim upon which relief may be granted.
The Clerk is directed to prepare a summons for Defendants Stewart, Bryant, Byrd,
and Brown. The United States Marshal is directed to serve the summons, Complaint, and this Order
on them without prepayment of fees and costs or security therefor.1
If any of the Defendants are no longer Faulkner County employees, the person responding
to service shall file, with the return of unexecuted service, a SEALED Statement providing the last
known private mailing address for the unserved Defendant.
The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order would not be taken in good faith.
IT IS SO ORDERED this 3rd day of June, 2011.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
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