Rodriguez v. Page et al

Filing 78

ORDER ADOPTING in part 76 the proposed findings and partial recommended disposition; denying 50 Defendants' motion for summary judgment; granting in part 53 motion for summary judgment and only plaintiffs claim that he was not provided s ufficient catheters each week (GR-14-00394) is allowed to proceed against Brenda Bridgeman and Melvin Nance; plaintiffs remaining claims against Bridgeman and Nance are dismissed without prejudice for failure to exhaust; and denying 64 plaintiff's motion for summary judgment. Signed by Chief Judge Brian S. Miller on 8/23/2016. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JUAN CARLOS RODRIGUEZ ADC #156405 v. PLAINTIFF CASE NO: 1:15CV00022 BSM JOSEPH PAGE et al. DEFENDANTS ORDER The proposed findings and partial recommended disposition (“PRD”) submitted by United States Magistrate Judge Patricia S. Harris and defendants’ objections thereto have been reviewed. After carefully considering these documents and making a de novo review of the record, the PRD are hereby adopted in part. Defendants’ motion for summary judgment [Doc. No. 50] is denied and plaintiff’s claims against defendants Joseph Page and Aundrea Weekly are allowed to proceed. Summary judgment [Doc. No. 53] is granted in part and only plaintiff’s claim that he was not provided sufficient catheters each week (GR-14-00394) is allowed to proceed against Brenda Bridgeman and Melvin Nance; plaintiff’s remaining claims against Bridgeman and Nance are dismissed without prejudice for failure to exhaust. Finally, plaintiff’s motion for summary judgment [Doc. No. 64] is denied. IT IS SO ORDERED this 23rd day of August 2016. UNITED STATES DISTRICT JUDGE

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