Dykes v. Corizon Health Inc et al

Filing 60

ORDER ADOPTING 56 the partial recommended disposition with two minor clarifications. First, the PRD recommends that Dykes's claims against Obi arising after November 7, 2012, be dismissed without prejudice, which means that Dykes may pursue hi s claims against Obi based on Obi's actions duringtheir August 15, 2012, and October 5, 2012, encounters. Second, all claims against Corizon are dismissed without prejudice based on failure to exhaust administrative remedies, so Dykes's constitutional claim and state law medical malpractice claim may be asserted only against Obi. The 45 motion for partial summary judgment is granted in part and denied in part. Signed by Chief Judge Brian S. Miller on 5/27/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JAMES RANDALL DYKES
v.

PLAINTIFF

CASE NO: 2:14CV00107 BSM

CORIZON, LLC, et al.

DEFENDANTS

ORDER
The partial recommended disposition (“PRD”) submitted by United States Magistrate
Judge Patricia S. Harris has been reviewed, along with defendants’ objection [Doc. No. 57],
plaintiff’s response [Doc. No. 58], and defendants’ reply [Doc. No. 59]. After careful
consideration of these documents and a de novo review of the record, the PRD is hereby
adopted with the following two minor clarifications. First, the PRD recommends that
Dykes’s claims against Obi arising after November 7, 2012, be dismissed without prejudice,
which means that Dykes may pursue his claims against Obi based on Obi’s actions during
their August 15, 2012, and October 5, 2012, encounters. Second, all claims against Corizon
are dismissed without prejudice based on failure to exhaust administrative remedies, so
Dykes’s constitutional claim and state law medical malpractice claim may be asserted only
against Obi.
IT IS THEREFORE ORDERED THAT:
1.

The motion for partial summary judgment filed by Corizon and Obi [Doc. No.

45] is granted in part and denied in part.

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2.

Dykes’s claims against Corizon are dismissed without prejudice for failure to

exhaust administrative remedies.
3.

Dykes’s claims against Obi arising after November 7, 2012 are dismissed

without prejudice for failure to exhaust administrative remedies.
4.

Obi’s motion to dismiss Dykes’s state medical malpractice claim as a matter

of law is denied.
IT IS SO ORDERED this 27th day of May 2016.

UNITED STATES DISTRICT JUDGE

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