Meadows v. Richarson et al

Filing 56

ORDER Adopting 53 Proposed Findings and Partial Recommended Disposition. The Clerk is directed to amend the docket to reflect the full and correct names of Defendants Michael Richardson, Mark Ward, Joseph Hughes, Judy Baiza, and Debby Baumgarner. The ADC Defendants' 39 Motion for Summary Judgment is granted. Plaintiff's claims against them are dismissed without prejudice for failure to exhaust administrative remedies; Defendants Richardson and Ward are dismissed. The Medical De fendants' 46 Motion for Summary Judgment is granted in part and denied in part. Plaintiff's claims against Defendant Baumgarner are dismissed without prejudice. 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 2/26/2018. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
TERESE MARIE MEADOWS
ADC #707979
v.

PLAINTIFF

1:17CV00056-JM-JJV

MICHAEL RICHARSON,
Captain of Security, McPherson Unit; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff=s Objections. After
carefully considering the objections and making a de novo review of the record, the Court
concludes that the Proposed Findings and Partial 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 amend the docket to reflect the full and correct names of Defendants

Michael Richardson, Mark Ward, Joseph Hughes, Judy Baiza, and Debby Baumgarner. (Doc.
Nos. 19 at 1, 21 at 1.)
2.

The ADC Defendants’ Motion for Summary Judgment (Doc. No. 39) is

GRANTED, Plaintiff’s claims against them are DISMISSED without prejudice for failure to
exhaust administrative remedies, and Defendants Richardson and Ward are dismissed from this
cause of action.
3.

The Medical Defendants’ Motion for Partial Summary Judgment (Doc. No. 46) is

GRANTED IN PART and DENIED IN PART:
A.

The Motion is granted to the extent Plaintiff’s claims against Defendant

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Baumgarner are DISMISSED without prejudice for failure to exhaust administrative remedies, and
she is dismissed from this cause of action. Plaintiff’s claims against Defendants Hughes and
Baiza are limited to the incidents raised in the exhausted grievances.
B.

The Motion is denied to the extent Plaintiff’s claim against Defendant

Bledsoe is allowed to proceed but limited to the incident grieved in MCP17-00556.
4.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis

appeal from this Order adopting the recommendations would not be taken in good faith.
DATED this 26th day of February, 2018.

_______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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