Stivers v. Peppers et al

Filing 42

ORDER granting 37 and 38 Motions. The Clerk is directed to file a copy of those Motions as "Plaintiff's Fourth Amended Complaint. The Clerk is directed to prepare a summons for Defendants Floss, Corrective Care Solutions Inc., and Coriz on Inc. The U.S. Marshal is directed to serve the complaint, amended complaint, second amended complaint, third amended complaint, fourth amended complaint, and this Order on them through the Humphries and Odum law firm. The Clerk of Court is directed to mail Plaintiff an Application to Proceed In Forma Pauperis. Plaintiff must file within thirty days of the entry of this Order, an Application to Proceed In Forma Pauperis. Signed by Magistrate Judge J. Thomas Ray on 8/18/2014. (jak)

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

DENNIS STIVERS
V.

PLAINTIFF
5:14CV00034 DPM/JTR

DR. SONJA PEPPERS-DAVIS, Tucker Unit,
Arkansas Department of Correction, et al.

DEFENDANTS

ORDER
There are two non-dispositive matters pending in this pro se § 1983 action,
which the Court will address separately.
I. Plaintiff's Motions for Leave to File a Fourth Amended Complaint
The Court has previously entered Orders allowing Plaintiff to proceed with his
claims that: (1) Defendant Peppers-Davis committed medical malpractice and violated
Plaintiff's constitutional rights by failing to provide proper medical care for his back;
(2) Defendant Kelley violated Plaintiff's constitutional rights by failing to take
corrective action in response to his medical grievances; and (3) Defendants Cameron
and Chism subjected him to cruel and unusual punishment by forcing him to stand and
participate in the Therapeutic Community Program, even though doing so caused him
to suffer unbearable back pain. Docs. 5, 14 & 40.
Plaintiff has recently filed two Motions seeking permission to file a Fourth

Amended Complaint adding claims that: (1) Dr. Robert A. Floss committed medical
malpractice and subjected him to cruel and unusual punishment by forcing him to
stand and participate in the Therapeutic Community Program, even though that doing
so caused him to suffer unbearable back pain; and (2) Corrective Care Solutions, Inc.
and Corizon, Inc., had an unconstitutional and negligent policy of requiring its
employees to "place costs of treatment before the health and medical care of the
inmates." Docs. 37 & 38 at 3.
The Court concludes, for screening purposes only, that Plaintiff has stated
viable inadequate medical care and medical malpractice claims against Floss,
Corrective Care Solutions, Inc., and Corizon, Inc. See 28 U.S.C. § 1915A. Thus,
Plaintiff's Motions for Leave to File a Fourth Amended Complaint are granted, and
the Court will order service on the three new Defendants.
II. Release from Custody
Plaintiff has recently filed a Statement explaining that he has been released
from custody and is currently residing at a private address in Jacksonville, Arkansas
Doc. 39. In light of his recent release, it is unclear whether Plaintiff is still entitled to
proceed in forma pauperis.1 Accordingly, he will have thirty days to file an Amended
Application to Proceed In Forma Pauperis.

1

The Court’s records demonstrate that Plaintiff currently owes all of the $350 filing fee.
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III. Conclusion
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff's Motions for Leave to File a Fourth Amended Complaint (Docs.

37 & 38) are GRANTED, and the Clerk is directed to file a copy of those Motions as
"Plaintiff's Fourth Amended Complaint."
2.

The Clerk is directed to prepare a summons for Defendants Floss,

Corrective Care Solutions, Inc., and Corizon, Inc. The U.S. Marshal is directed to
serve the Complaint, Amended Complaint, Second Amended Complaint, Third
Amended Complaint, Fourth Amended Complaint, and this Order on them through
the Humphries and Odum law firm without prepayment of fees and costs or security
therefor.2
3.

The Clerk of the Court is directed to mail Plaintiff a freeworld

Application to Proceed In Forma Pauperis.
4.

Plaintiff must file, within thirty days of the entry of this Order, a

freeword Application to Proceed In Forma Pauperis.
5.

Plaintiff is reminded that if he fails to timely and properly do so, this

case will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2).

2

If Defendant Floss is no longer a Corizon, Inc. employee, the individual responding to
service must file a sealed statement containing his known private mailing address.
-3-

Dated this 18th day of August, 2014.

UNITED STATES MAGISTRATE JUDGE

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