Murphy v. Hughes et al
ORDER ADOPTING 25 Proposed Findings and Recommendations. The Clerk of Court shall alter the docket to reflect that Defendant Booker is 'Tinesia Booker.' Defendants' 22 Motion for Summary Judgment is GRANTED. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/6/2015. (mcz)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LISA RYAN MURPHY,
JOSEPH HUGHES, Doctor,
McPherson Unit; et al.,
The Court has reviewed the Proposed Findings and Recommended Disposition submitted
by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful
consideration, the Court concludes that the Proposed Findings and Recommended Disposition
should be, and hereby are, approved and adopted in their entirety as this Court's findings in all
IT IS, THEREFORE, ORDERED that:
The Clerk of Court shall alter the docket to reflect that Defendant ‘Booker’ is
Defendants’ Motion for Summary Judgment (Doc. No. 22) is GRANTED.
Plaintiff’s claims that Defendant Joseph Hughes failed to treat her leg for two
and a half-years at some point between 2011 and January 2014, and that Defendant Bernard
Williams declined to intervene during that same period are DISMISSED with prejudice on the basis
of collateral estoppel.
The following claims against Defendant Joseph Hughes are DISMISSED with
prejudice on their merits:
medications from May 1, 2014, to June 25, 2014.
Defendant Hughes restricted her pain medication in retaliation for
filing lawsuits against him during the period encompassing April 2, 2014, to June 25, 2014.
Portability and Accountability Act rights on June 4, 2014.
Defendant Hughes discontinued her wheelchair script, mattress script,
and physical therapy on June 4, 2014.
Defendant Hughes was aware of Plaintiff’s leg problems during
the period ranging from April 2, 2014, to August 29, 2014, but failed to provide her with adequate
treatment during that time.
Plaintiff’s claims against Defendants Robert Floss, Tinesia Booker, and any
remaining claims against Defendants Joseph Hughes and Bernard Williams are DISMISSED without
prejudice for failure to exhaust administrative remedies.
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.
DATED this 6th day of November, 2015.
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE
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