Anderson v. Hubbard et al
ORDER ADOPTING 9 Partial Report and Recommendations and dismissing party ADC with prejudice and party CMS without prejudice; and certifying that an ifp appeal would not be taken in good faith. The Clerk is directed to prepare summons for defts Hub bard, Lytle, Barnes, Norris, Gordon, and Snyder, and the U.S. Marshal is directed to serve the summons, Complaint, Amended Complaint and this Order on them through the Humphries & Lewis Law Firm, without prepayment of fees. Signed by Judge Susan Webber Wright on 6/24/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
THEODORE A. ANDERSON,
CONNIE HUBBARD, LPN,
Correctional Medical Services, Inc., et al.
The Court has reviewed the Proposed Findings and Recommended Partial
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
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:
Defendant ADC is DISMISSED, WITH PREJUDICE, because it is not
amenable to suit in a § 1983 action.
Defendant CMS is DISMISSED, WITHOUT PREJUDICE, because
Plaintiff has failed to state a viable claim against it.
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.
Plaintiff shall PROCEED with this inadequate medical care claims
against the remaining Defendants.
The Clerk is directed to prepare a summons for Defendants Hubbard,
Lytle, Barnes, Norris, Gordon, and Snyder. The U.S. Marshal is directed to serve the
summons, Complaint, Amended Complaint, and this Order on them through the
Humphries and Lewis law firm, without prepayment of fees and costs or security
Dated this 24th day of June, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE
If any of the Defendants are no longer CMS employees, 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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?