Williams v. Bowers et al
Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations. Plaintiff's claims against Dr. Robert Bowers are dismissed without prejudice. Signed by Honorable Susan O. Hickey on January 8, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
LARRY D. WILLIAMS
v.
PLAINTIFF
Case No. 4:15-cv-04064
DR. ROBERT BOWERS, Wadley
Regional Medical Center; and
SHERIFF RON STOVALL, Miller
County, Arkansas
DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed October 21, 2015 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 7).
Judge Bryant recommends that all claims brought pursuant to 42 U.S.C. § 1983 against Defendant
Dr. Robert Bowers be dismissed. Plaintiff filed objections to the Report and Recommendation seven
days after the time set by the Court for objections to be filed. (ECF No. 10). While Plaintiff’s
objections were filed late, the Court has elected to consider them. After reviewing the record de
novo, the Court adopts Judge Bryant’s Report and Recommendation as its own.
In order for a § 1983 claim to survive dismissal, Plaintiff must first allege that a defendant
acted under color of state law and that they violated a right secured by the Constitution. West v.
Atkins, 487 U.S. 42 (1988). Plaintiff’s Complaint does not set forth facts to show that Dr. Bowers
acted under the color of state law. Plaintiff alleges that he received insufficient medical treatment
from Dr. Bowers, but does not show how he is a state actor. In order to be successful on this claim,
Plaintiff must allege facts that show that Dr. Bowers was employed by the Miller County Sheriff’s
Office, that he acted pursuant to a contract with Miller County, or that he was under the direction
or control of the Miller County Sheriff’s Office. Plaintiff makes no such allegations. For this
reason, the Court finds that dismissal is appropriate as to Plaintiff’s claims against Dr. Bowers.
The Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and
Recommendation (ECF No. 7) in toto. For the reasons stated above, as well as those contained in
the Report and Recommendation, Plaintiff’s claims against Defendant Dr. Robert Bowers should be
and hereby are DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED, this 8th day of January, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
2
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