Moss v. Corizon CMS et al

Filing 13

ORDER ADOPTING 9 Partial Report and Recommendations; The Court will wait for a recommendation from Judge Young about Moss's 11 motion for library access. Moss's claims against the Arkansas Department of Correction are dismissed with prejudice, and his claims against Corizon CMS are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 12/13/2013. (rhm)

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 CMS, medical provider, ADC;
ARKANSAS DEPARTMENT OF CORRECTION;
CORIZON INC.; RICK HALLWORTH, Corizon;
KEVIN BILE, Corizon; J.M. COURTNEY, Corizon;
JACK DAVIDSON, Doctor, Corizon; PEARSON,
Doctor, Corizon; OJIUGO IKO, Doctor, Corizon;
ROLAND ANDERSON, Doctor, Corizon;
JENNIFER MCBRIDE, Corizon; CONNIE
HUBBARD, Nurse, Corizon; JOE ANN BURNETT,
Nurse, Corizon; LARRY MAY, ADC; WENDY KELLY,
ADC; GRANT HARRIS, ADC; JIMMY BANKS,
ADC; DARYL GOLDEN, ADC; CLARK, Captain,
ADC; BRADLEY, Lieutenant, ADC; BARROW,
Lieutenant, ADC; TATE, Sergeant, ADC;
YOUNG, Sergeant, ADC; MADDEN, Sergeant,
ADC; C. JONES, Sergeant, ADC; 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; AUSTON, Correctional Officer, ADC;
HUDGENS, Correctional Officer, ADC; MOTON,
Correctional Officer, ADC; SHORTER, Correctional
Officer, ADC; DOBBS, Correctional Officer, ADC;
LOUIS, Correctional Officer, ADC; and SHABAZE,
Correctional Officer, ADC

DEFENDANTS

ORDER

The Court has considered Magistrate Judge H. David Young's proposed
findings and recommendations, N2 9.

Moss has not objected.

reviewing the proposal for clear factual error and for legal error,

After

FED. R. CIV.

P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts it.
Moss has filed a motion for injunctive relief, requesting more access to the law
library, N2 11.

The two legal issues covered in the proposed partial

disposition-Eleventh Amendment immunity and a duplicated party-are
clear; no amount of library access could have helped Moss prepare a
successful objection. The Court will wait for a recommendation from Judge
Young about Moss's library access in general, which is, of course, important
to Moss's ability to press his case forward.

Moss's claims against the

Arkansas Department of Correction are dismissed with prejudice, and his
claims against Corizon CMS are dismissed without prejudice.
So Ordered.
{/

D.P. Marshall Jr.
United States District Judge

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