Bellew v. Anderson et al

Filing 14

ORDER ADOPTING 8 Partial Report and Recommendations and dismissing defendant CMS without prejudice; certifying that an ifp appeal from this Order would not be taken in good faith; directing the Clerk to prepare a summons for defts Anderson, Blackmo n, Griffin, and Savoy and the U.S. Marshal to serve the summons, complaint and this Order on those four defts through the Humphries & Lewis Law Firm without prepayment of fees therefor; further directing the Clerk to prepare a summons for deft. Dr. Samuel Houston at St. Vincent Medical Center in Sherwood, AR, and the U.S. Marshal to serve him with summons, complaint and this Order without prepayment of fees therefor. Signed by Judge Brian S. Miller on 1/20/10. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY DELL BELLEW ADC #119832 V. 5:09CV00341 BSM/JTR DEFENDANTS ORDER The court has reviewed the proposed findings and partial recommended disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. 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 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. Pursuant to the screening function mandated by 28 U.S.C. 1915A: (a) PLAINTIFF DR. ROLAND ANDERSON, Correctional Medical Services, et al. Defendant CMS is DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to raise a valid 1983 claim against it; and (2) Plaintiff shall PROCEED with his inadequate medical care claim against the remaining five Defendants. 2. The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that 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 Defendants Anderson, Blackmon, Griffin, and Savoy, and the United States Marshal is directed to serve the summons, complaint, and this order on those four defendants through the Humphries and Lewis law firm, without prepayment of fees and costs or security therefor.1 4. The clerk is directed to prepare a summons for Defendant Dr. Samuel Houston at St. Vincent Medical Center in Sherwood, Arkansas, and the United States Marshal is directed to serve the summons, complaint, and this order on him without prepayment of fees and costs or security therefor. IT IS SO ORDERED this 20th day of January, 2010. UNITED STATES DISTRICT JUDGE If any of the Defendants are no longer CMS employees, the individual responding to service shall file, with the return of unexecuted service, a SEALED Statement providing the last known private mailing address for the unserved Defendant. 1

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