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Rivera v. Prince

July 10, 2007

ALEJANDRO RIVERA REG #14842-179 PLAINTIFF
v.
EDNA J. PRINCE, DR., FCI, FORREST CITY, ARKANSAS, ET AL. DEFENDANTS



ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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. Pursuant to the screening function mandated by 28 U.S.C. § 1915A, Defendant Jimenez is DISMISSED, WITHOUT PREJUDICE, because Plaintiff has failed to state a viable claim against him.

2. 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.

3. Plaintiff shall proceed with his inadequate medical care claims against Defendants Prince, Hicks, and Morris.

4. The Clerk is directed to prepare a summons for Defendants Prince, Hicks, and Morris. The United States Marshal is directed to serve the summons and Complaint upon those Defendants, the United States Attorney for the Eastern District of Arkansas, and the United States Attorney ...


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