Davis v. Standford et al
Filing
81
ORDER adopting unopposed partial recommendations, 79 and 80 with one change. Wilkerson's Motion for Partial Summary Judgment, 29 , is granted. Davis may proceed with his claim that Wilkerson denied him adequate medical care on 24 September 2013. Davis's other claims against Wilkerson are dismissed without prejudice for failure to exhaust. Cowell and Stanford's Motion for Summary Judgment, 57 , is granted. Davis's claims against Cowell are dismissed without prejudice for failure to exhaust. Davis's claim against Stanford is dismissed with prejudice. An in forma pauperis appeal from this Order will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 8/17/2015. (jak)
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BRENT LAVON DAVIS
ADC #149851
v.
PLAINTIFF
No. 1:14-cv-46-DPM-JTR
RHONDA STANFORD, Nurse, ADC,
Scott Grimes Unit; BILLY COWELL, Health
Services Administrator, ADC, Scott Grimes
Unit; and MARCUS WILKERSON,
Sergeant, ADC, Scott Grimes Unit
DEFENDANTS
ORDER
Unopposed partial recommendations, NQ 79 and NQ 80, adopted with one
change.* FED. R. CIV. P. 72(b) (1983 Addition to Advisory Committee Notes).
Wilkerson's Motion for Partial Summary Judgment, NQ 29, is granted.
Davis may proceed with his claim that Wilkerson denied him adequate
medical care on 24 September 2013. Davis's other claims against Wilkerson
are dismissed without prejudice for failure to exhaust.
*The first sentence in paragraph 7 of the "Facts" section, NQ 80 at 4,
should read: "At approximately 1:30 a.m. on September 29, 2013, Nurse
Stanford checked on Plaintiff during segregation rounds." NQ 58-2 at 10.
Cowell and Stanford's Motion for Summary Judgment, NQ 57, is
granted. Davis's claims against Cowell are dismissed without prejudice for
failure to exhaust. Davis's claim against Stanford is dismissed with prejudice.
An in forma pauperis appeal from this Order will not be taken in good
faith. 28 U.S.C. ยง 1915(a)(3).
So Ordered.
D.P. Marshall Jr.t'
United States District Judge
-2-
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