Russell v. Correctional Medical Services et al

Filing 11

ORDER dismissing defts Dr. Anderson, Dr. Richard Anderson, and Dr. David Ware from pltf's complaint, pltf having amended his complaint to identify the proper defts; David Ware, Anderson and Richard Anderson terminated. Signed by Judge Susan Webber Wright on 8/1/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ISAAC RUSSELL,
ADC #132326
v.

PLAINTIFF
5:11-cv-00159-SWW-JTK

CORRECTIONAL MEDICAL
SERVICE, INC., et al.

DEFENDANTS
ORDER

Plaintiff, a state inmate confined at the Randall Williams Correctional Facility of the
Arkansas Department of Correction (ADC), filed this pro se 42 U.S.C. § 1983 action, alleging
deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights.
By Order dated July 7, 2011 (Doc. No. 3), this Court granted Plaintiff’s Motion to Proceed in forma
pauperis in this lawsuit. However, finding Plaintiff’s complaint too vague and conclusory to enable
the Court to determine whether it was frivolous, malicious, or failed to state a claim, the Court directed
Plaintiff to amend his complaint. Plaintiff filed an Amended Complaint (Doc. No. 7).

In the July 7, 2011 Order directing Plaintiff to amend, the Court noted that he named two
different “Dr. Andersons” as Defendants, and directed him to further identify them by their first
names (Doc. No. 3). In his Amended Complaint, he identifies the correct Dr. Anderson as Dr.
Rolland Anderson (Doc. No. 7). Therefore, the other two “Dr. Andersons” initially named as
Defendants – Dr. Anderson and Dr. Richard Anderson – should be dismissed from his Complaint.
In addition, Plaintiff corrects the name of Dr. Ware in his Amended Complaint to Dr. Robert Ware.
Therefore, Dr. David Ware also should be dismissed from his Complaint.
IT IS, THEREFORE, ORDERED that Dr. Anderson, Dr. Richard Anderson, and Dr. David
Ware are DISMISSED from Plaintiff’s Complaint:
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IT IS SO ORDERED this 1st day of August 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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