Stevens v. Doe et al

Filing 12

ORDER ADOPTING 8 Proposed Findings and Partial Recommended Disposition. Plaintiff's claims against Defendants John Does, Department of Veterans Affairs, Little Rock Police Department and Ault are DISMISSED without prejudice for failure to sta te a claim upon which relief can be granted. Plaintiff's medical treatment claim is construed as a cause of action under the FTCA. The United States of America is added as a Defendant to this action. The Court certifies that an in forma pauperis appeal from any Order adopting this Partial Disposition would not be taken in good faith. Signed by Judge James M. Moody Jr. on 10/29/2014. (mcz)

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

JIMMY DON STEVENS
V.

PLAINTIFF
4:14CV00379 JM/JTR

JOHN DOES, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial
Disposition submitted by United States Magistrate Judge Thomas J. Ray and
Plaintiff’s objections. After carefully considering the objections and making a de novo
review of the record, 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.

Plaintiff’s claims against Defendants John Does, Department of Veterans

Affairs, Little Rock Police Department, and Ault be DISMISSED without prejudice
for failure to state a claim upon which relief can be granted.
2.

Plaintiff’s medical treatment claim be construed as stating a cause of

action under the FTCA.
3.

The United States of America be added as a Defendant to this action.
-1-

4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in

forma pauperis appeal from any Order adopting this Partial Disposition would not be
taken in good faith.
DATED this 29th day of October, 2014.

____________________________________
JAMES M. MOODY, Jr.
UNITED STATES DISTRICT JUDGE

-2-