Fletcher v. Arkansas Department of Correction et al

Filing 21

ORDER ADOPTING 12 Partial Report and Recommendations dismissing defts UAMS and ADC with prejudice; dismissing deft CMS without prejudice; certifying that an ifp appeal from this Order would not be taken in good faith; directing the Clerk to prepare summons for deft Dr. Greunwald and the U.S. Marshal to serve the summons, complaint, amended complaint, second amended complaint, recommended partial disposition and this order upon him without prepayment of fees; directing the Clerk to prepare summons for defts Dr. Scott and Dr. Antosh and the U.S. Marshal to serve the same documents set out above upon them through the Humphries & Lewis Law Firm, without prepayment of fees. Signed by Judge Brian S. Miller on 3/3/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JOHN L. FLETCHER ADC #135935 V. 5:09CV00007 BSM/JTR DEFENDANTS PLAINTIFF ARKANSAS DEPARTMENT OF CORRECTION; et al. ORDER The court has reviewed the proposed findings and recommended partial disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objection. After carefully considering these documents and making a de novo review of the record in this case, 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A: (a) Defendants UAMS and ADC are DISMISSED, WITH PREJUDICE, because they are not entities that are amenable to suit under 1983; (b) Defendant CMS is DISMISSED, WITHOUT PREJUDICE, because plaintiff has failed to state a viable 1983 claim against it; and (c) Plaintiff shall PROCEED with his claims against defendants Dr. Greunwald, Dr. Scott, and Dr. Antosh. 2. The court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), than an in forma pauperis appeal from this order would not be taken in good faith 3. The Clerk is directed to prepare a summons for defendant Dr. Greunwald, and the United States Marshal is directed to serve the summons, complaint, amended complaint, second amended complaint, recommended partial disposition, and this order upon him without prepayment of fees and costs or security therefor.1 4. The Clerk is directed to prepare a summons for defendants Dr. Scott and Dr. Antosh, and the United States Marshal is directed to serve the summons, complaint, amended complaint, second amended complaint, recommended partial disposition, and this order upon them through the Humphries and Lewis law firm, without prepayment of fees and costs or security therefor.2 Dated this 3rd day of March, 2009. UNITED STATES DISTRICT JUDGE If Defendant Dr. Greunwald is no longer a UAMS employee, the person responding to service shall file, with the return of unexecuted service, a SEALED Statement providing his last known private mailing address. If either Defendant Scott or Antosh is no longer a CMS employee, the Humphries and Lewis law firm shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 2 1

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