Nowell v. Stewart et al, No. 4:2019cv00444 - Document 15 (E.D. Ark. 2020)

Court Description: ORDER adopting 14 proposed findings and recommendations; allowing Nowell to proceed with his section 1983 inadequate medical care and state law malpractice claims against Dr. Gary Stewart, nurse Monte Munyan, and Corporal L. Phillips. 2 Nowell� 39;s complaint, 3 addendum, and 9 amended complaint shall be served on those defendants; dismissing with prejudice Nowell's claims against Faulkner County Detention Center; and dismissing without prejudice Nowell's claim against Phillips, regarding the 3/25/2019 slip and fall. An in forma pauperis appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 7/20/2020. (kdr)

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Nowell v. Stewart et al Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JOE BERNARD NOWELL, JR. v. PLAINTIFF Case No. 4:19-cv-00444 BSM GARY STEWART, Doctor, Faulkner County Detention Center, et al. DEFENDANTS ORDER The proposed findings and recommendations (“RD”) from United States Magistrate Judge J. Thomas Ray [Doc. No. 14] has been received. After carefully reviewing the record, the RD is adopted. Nowell may proceed with his section 1983 inadequate medical care and state law malpractice claims against Dr. Gary Stewart, nurse Monte Munyan, and Corporal L. Phillips. Nowell’s complaint, addendum, and amended complaint [Doc. Nos. 2, 3, 9] shall be served on those defendants. Nowell’s claims against Faulkner County Detention Center are dismissed with prejudice. Nowell’s claim against Phillips, regarding the March 25, 2019 slip and fall is dismissed without prejudice. An in forma pauperis appeal would not be taken in good faith. IT IS SO ORDERED this 20th day of July, 2020. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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