Moss v. Corizon CMS et al

Filing 119

ORDER adopting 109 Recommendation as modified. Defendants' 98 Motion to Dismiss is granted in part and denied in part. Moss's claims against Courtney, Person, Davidson, Hallworth, and Bice are dismissed without prejudice. If, after discovery, Moss can allege specific facts showing personal involvement by any of these defendants in depriving him of medical care, then Moss may seek to amend his complaint. Signed by Judge D. P. Marshall Jr. on 4/17/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JOHN T. MOSS,
ADC #79311

v.

PLAINTIFF
No. 2:13-cv-117-DPM-HDY

CORIZON INC.; RICH HALLWORTH,
Corizon; KEVIN BICE, Corizon; J.M.
COURTNEY, Corizon; JACK DAVIDSON,
Doctor, Corizon; MICHAEL PERSON, Doctor,
Corizon; OJIUGO IKO, Doctor, Corizon;
ROLAND ANDERSON, Doctor, Corizon;
JENNIFER MCBRIDE-ANDREWS, Corizon;
CONNIE HUBBARD, Nurse, Corizon; JOANN
BURNETT, Nurse, Corizon; LARRY MAY, ADC;
WENDY KELLY, ADC; GRANT HARRIS, ADC;
JIMMY BANKS, ADC; DARYL GOLDEN, ADC;
YOLANDA CLARK, Captain, ADC; BRADLEY,
Lieutenant, ADC; BARROW, Lieutenant, ADC;
DONALD TATE, Sergeant, ADC; MADDEN,
Sergeant, ADC; C. JONES, Sergeant, ADC;
DARYL GARDNER, Sergeant, ADC;
THOMPSON, Sergeant, ADC; TURNER,
Correctional Officer, ADC; RAYFORD,
Correctional Officer, ADC; POWELL, Correctional
Officer, ADC; KNIGHT, Correctional Officer,
ADC; S. HUDSON, Correctional Officer, ADC;
KENDALL AUSTIN, Correctional Officer, ADC;
BRANDI HUDGENS, Correctional Officer, ADC;
MOTON, Correctional Officer, ADC;
CHRISTOPHER SHORTER, Correctional Officer,
ADC; TELICIA DOBBS, Correctional Officer, ADC;
LOUIS, Correctional Officer, ADC; and SHABAZE,
Correctional Officer, ADC

DEFENDANTS

ORDER

Opposed recommendation, Ng 109, adopted as modified.

FED.

R. CIV.

P. 72(b)(3). Defendants' motion to dismiss, Ng 98, is granted in part and
denied in part. Moss has stated a plausible claim against Corizon. It remains
in the case. Moss's claims against Courtney, Person, Davidson, Hallworth,
and Bice are dismissed without prejudice. If, after discovery, Moss can allege
specific facts showing personal involvement by any of these defendants in
depriving him of medical care, then Moss may seek to amend his complaint.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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