Mims v. Norris et al

Filing 11

ORDER ADOPTING 9 Partial Report and Recommendations and dismissing plaintiff's claims against the John Doe Defendant physicians of the UAMS Eye Clinic and CAT Scan Dept, and ADC Director, Larry Norris; finding that service is appropriate on th e remaining defts--Blackmon, Griffin and Austin--and directing the Clerk of the Court to prepare summons and the U.S. Marshal to serve a copy of the complaint, amended complaint, this order and summons on defts without prepayment of costs. Signed by Judge William R. Wilson, Jr on 10/27/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TYSHAWN MIMS, a/k/a LAERIES HAYES ADC # 129726 v. 5:08-CV-00178-WRW/HDY PLAINTIFF

LARRY NORRIS, Director, Arkansas Department of Correction; JAMES BLACKMON, Doctor, Cummins Unit, Arkansas Department of Correction; UAMS EYE CLINIC; UAMS CAT SCAN DEPARTMENT; MR. GRIFFIN, Head of the Infirmary, Cummins Unit, Arkansas Department of Correction; and MRS. AUSTIN, Infirmary, Cummins Unit, Arkansas Department of Correction ORDER

DEFENDANTS

The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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. Plaintiff's claims against the John Doe Defendant physicians of the University of Arkansas for Medical Sciences Eye Clinic and CAT Scan Department, and Arkansas Department of Correction Director Larry Norris, are DISMISSED and they are terminated as party Defendants. Construing the remainder of his allegations liberally, Plaintiff has stated a cognizable claim for relief against Defendants Blackmon, Griffin, and Austin. Therefore, he will be allowed to proceed with these claims, and service is appropriate on these Defendants. The Clerk of the Court is directed to prepare summonses for these Defendants, and the United States Marshal is directed to serve a copy of the Complaint (Doc. No. 2), Amended Complaint (Doc. No. 6), this Order, and summons on Defendants, without prepayment of fees and costs or security therefore. IT IS SO ORDERED, this 27th day of October, 2008.

/s/ Wm. R. Wilson, Jr._________ UNITED STATES DISTRICT JUDGE

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