Cincoski v. Richard et al

Filing 156

ORDER: The Court is providing notice to the parties that consideration will be given to pleadings 82 and 86 Defendants' Motions for Summary Judgment and 99 Plaintiff's response to those motions. The parties may respond to this notice no later than 2/20/2012. For good cause shown 141 Defendant Richard's Motion to Deem Admitted is GRANTED. Signed by Magistrate Judge Joe J. Volpe on 2/8/2012. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
DANIEL CINCOSKI,
ADC # 143538
Plaintiff,
v.
RICHARD, Dr., Grimes Unit, Arkansas
Department of Correction; et al.
Defendants.

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No. 1:09-cv-00038-SWW-JJV

ORDER
This case was remanded by the United States Court of Appeals for the Eighth Circuit for
further proceedings on four Eighth Amendment claims: 1) Plaintiff was unconstitutionally denied
requested psychiatric medications; 2) Plaintiff was subjected to unconstitutional conditions of
confinement while on suicide watch; 3) Plaintiff was denied personal hygiene items that led to
extreme pain whereby he was denied medication; and 4) Plaintiff was denied access to water in his
cell. (Doc. No. 134.)
Because the Court dismissed Plaintiff’s cause of action (Doc. No. 120) on October 5, 2011,
without considering the Motions for Summary Judgment and Response, pursuant to FED. R. CIV. P.
56(f), the Court is providing notice to the parties that consideration will now be given to those
pleadings (Doc Nos. 82, 86, 99), as well as the pending Second Motion for Summary Judgment
(Doc. No. 136). The parties may respond to this notice, if they so choose, no later than February 20,
2012.
Dr. Richard also moves to have his Statement of Indisputable Material Facts (Doc. No. 88)
deemed admitted because Plaintiff has failed to timely object to them. (Doc. No. 141). For good
cause shown, Dr. Richard’s Motion (Doc. No 141) on this point is GRANTED.

SO ORDERED this 8th day of February, 2012.

JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE