Murphy v. Hughes et al

Filing 26

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
NORTHERN DIVISION
LISA RYAN MURPHY,
ADC #760343
v.

PLAINTIFF
1:14CV00150-JM-JJV

JOSEPH HUGHES, Doctor,
McPherson Unit; et al.,

DEFENDANTS
ORDER

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
respects.
IT IS, THEREFORE, ORDERED that:
1.

The Clerk of Court shall alter the docket to reflect that Defendant ‘Booker’ is

‘Tinesia Booker.’
2.

Defendants’ Motion for Summary Judgment (Doc. No. 22) is GRANTED.
A.

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.
B.

The following claims against Defendant Joseph Hughes are DISMISSED with

prejudice on their merits:
i.

Defendant

Hughes

1

restricted

or

discontinued

her

pain

medications from May 1, 2014, to June 25, 2014.
ii.

Defendant Hughes restricted her pain medication in retaliation for

filing lawsuits against him during the period encompassing April 2, 2014, to June 25, 2014.
iii.

Defendant

Hughes

violated

Plaintiff’s

Health Insurance

Portability and Accountability Act rights on June 4, 2014.
iv.

Defendant Hughes discontinued her wheelchair script, mattress script,

and physical therapy on June 4, 2014.
v.

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.
C.

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.
3.

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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