Ellis v. Drummond

Filing 43

ORDER adopting 41 Recommendation. Drummond's 36 Motion for Summary Judgment is granted. Ellis's complaint will be dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 12/6/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
TYRONE ELLIS
ADC #149250

v.

PLAINTIFF
No. 2:16-cv-42-DPM

PATRICK DRUMMOND, APN,
East Arkansas Regional Unit

DEFENDANT
ORDER

On de nova review, the Court adopts Magistrate Judge Volpe's
recommendation as supplemented, Ng 41, and overrules Ellis' s objection,
Ng 42.

FED.

R. Crv. P. 72(b)(3). Someone dropped the ball, perhaps the LPN

or perhaps the person responsible for making sure referred inmates get seen
promptly by a doctor or an APN. But Ellis hasn't sued the person responsible
for follow through, and thus can't make a case of deliberate indifference
(subjective or objective) in the constitutional sense. Drummond's motion for
summary judgment, Ng 36, is granted. Ellis's complaint will be dismissed
with prejudice.
So Ordered.
D .P. Marshall Jr .V
United States District Judge