Alvarez v. USA et al

Filing 29

ORDER adopting in its entirety 26 the partial recommended disposition; granting in part and denying in part 7 defendant Correct Care Solution's motion for summary judgment; dismissing with prejudice Alvarez's Bivens and FTCA claims ag ainst CCS; dismissing with prejudice Alvarezs state law claims against CCS for medical care he received at Forrest City Medium FCI; and allowing him to proceed on his state law claims for medical care he received at Beaumont Medium FCI. Signed by Chief Judge Brian S. Miller on 4/12/2018. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MANUEL DEJESUS PEREZ ALVAREZ
Reg# 99173-179
v.

PLAINTIFF

CASE NO. 4:17-CV-00731 BSM

USA, et al.

DEFENDANTS
ORDER

The partial recommended disposition [Doc. No. 26] submitted by United States
Magistrate Judge Beth Deere has been received. No objections have been filed. After
careful review of the record, the partial recommended disposition is adopted in its entirety.
Accordingly, defendant Correct Care Solutions’s (“CCS”) motion for summary judgment
[Doc. No. 7] is granted in part and denied in part: Alvarez’s Bivens and FTCA claims against
CCS are dismissed with prejudice; Alvarez’s state law claims against CCS for medical care
he received at Forrest City Medium FCI are dismissed with prejudice; and his state law
claims for medical care he received at Beaumont Medium FCI may proceed.
IT IS SO ORDERED this 12th day of April 2018.

UNITED STATES DISTRICT JUDGE