Billings v. Johnson

Filing 48

ORDER adopting [30 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects. Defendant Maxim Healthcare Services, Inc. and all Doe Defendants are dismissed without prejudice for failure to state a claim upon which relief may be granted. 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. Signed by Judge Susan Webber Wright on 5/1/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRYANT ANTHONY BILLINGS,
ADC #093957

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Plaintiff,
v.
JOHNSON, Doctor,
Pulaski County Jail; et al.
Defendants.

No. 4:14CV00674-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe 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 Partial 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.

Defendant Maxim Healthcare Services, Inc. and all “Doe” Defendants are dismissed

without prejudice for failure to state a claim upon which relief may be granted.1
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.
IT IS SO ORDERED this 1st day of May, 2015.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

Plaintiff asserts that discovery may reveal that separate defendant Maxim Healthcare Services, Inc.
has a custom or policy of denying inmate medical care. Pl’s. Objections (ECF No. 44) at 2. Dismissal without
prejudice does not bar the plaintiff from returning to the court with the same claims at a later date.