Anderson v. Hubbard et al

Filing 13

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,
ADC #138956
V.

PLAINTIFF

5:11CV00100 SWW/JTR

CONNIE HUBBARD, LPN,
Correctional Medical Services, Inc., et al.

DEFENDANTS

ORDER
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:
1.

Defendant ADC is DISMISSED, WITH PREJUDICE, because it is not

amenable to suit in a § 1983 action.
2.

Defendant CMS is DISMISSED, WITHOUT PREJUDICE, because

Plaintiff has failed to state a viable claim against it.

3.

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.
4.

Plaintiff shall PROCEED with this inadequate medical care claims

against the remaining Defendants.
5.

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
therefor.1
Dated this 24th day of June, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

1

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.
2