Conway v. Hobbs et al

Filing 7

ORDER ADOPTING 5 Partial Report and Recommendations and dismissing, without prejudice, plaintiff's constitutional and pendent state law claims against defts CMS, Norris, and Hobbs. Pltf's request for monetary damages against deft Kelley, in her official capacity only, is dismissed, with prejudice. Plaintiff shall proceed with his inadequate medical care claim against deft Kelley in her official capacity for injunctive and declaratory relief, and in her individual capacity for monet ary damages. The Clerk is directed to prepare summons for deft Kelley and the U.S. Marshal is directed to serve the summons, Complaint, and this Order on her through the ADC Compliance Office without prepayment of fees therefor. Signed by Judge James M. Moody on 7/26/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

BYRON L. CONWAY,
ADC #113285
V.

PLAINTIFF
5:11CV00142 JMM/JTR

RAY HOBBS, Director,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial
Disposition submitted by United States Magistrate Judge J. Thomas Ray. No
objections have been filed. After careful review, 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.

Plaintiff’s constitutional claims against Defendants CMS, Norris,

and Hobbs are DISMISSED, WITHOUT PREJUDICE, for failing to state a claim
upon which relief may be granted.
2.

The Court DECLINES to exercise supplemental jurisdiction over the

pendent state law claims Plaintiff has raised against Defendants CMS, Norris, and

Hobbs, and those claims are DISMISSED, WITHOUT PREJUDICE.
3.

Plaintiff’s request for monetary damages against Defendant Kelley, in

her official capacities only, is DISMISSED, WITH PREJUDICE.
4.

Plaintiff shall PROCEED with his inadequate medical care claim against

Defendant Kelley in her official capacity for injunctive and declaratory relief, and in
her individual capacity for monetary damages.
5.

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.
6.

The Clerk is directed to prepare a summons for Defendant Kelley and

the U.S. Marshal is directed to serve the summons, Complaint, and this Order on her
through the ADC Compliance Division without prepayment of fees and costs or
security therefor.
Dated this

26

day of

July , 2011.

UNITED STATES DISTRICT JUDGE