Wray v. Correctional Medical Services

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 14 Report and Recommendations; ORDER REFERRING MOTION: 16 MOTION to Continue and MOTION to Appoint Counsel filed by Chalmers Wray; Jones Eye Institute, Bhalravi Kharod, Dr. Blackmon and Correctional Medical Services are dismissed. Signed by Honorable Robert T. Dawson on December 7, 2009. Motions referred to James R. Marschewski.(dmc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION CHALMERS WRAY v. Case No. 09-6071 DEFENDANTS PLAINTIFF CORRECTIONAL MEDICAL SERVICES, et al. ORDER Now on this 7th day of December 2009, there comes on for consideration the report and recommendation filed herein on November 16, 2009, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 14). Also before the Court are Plaintiff's written objections (Doc. 17). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Jones Eye Accordingly, Plaintiff's claims against Dr. Kharod, the Institute, and Correctional Medical Services are DISMISSED for failure to state a claim upon which relief may be granted. against See 28 U.S.C. 1915(e)(2)(B). Dr. Blackmon are also DISMISSED, Plaintiff's claims and Plaintiff is instructed to file a separate lawsuit in the Eastern District of Arkansas should he desire to proceed with these claims. Defendants Dr. Kharod, the Jones Eye Institute, Separate Correctional AO72A (Rev. 8/82) Medical Services and Dr. Blackmon are DISMISSED as defendants in this matter. By separate order, the complaint will be served on Plaintiff's Motion for Continuance and the remaining defendants. Appointment of Counsel (Doc. 16) is referred to the Honorable James R. Marschewski for disposition or recommendation. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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