Rios v. Tomar

Filing 33

ORDER approving and adopting 15 Partial Recommended Disposition in its entirety as this Court's findings in all respects; dismissing, without prejudice, Mr. Rios's claims against the Bureau of Prisons, Mr. Baltazar, Mr. Wray, and the Doe defendants; instructing the Clerk to terminate the Bureau of Prisons, Mr. Baltazar, Mr. Wray, and the Doe defendants as party defendants; adopting 32 Recommended Disposition in its entirety as this Court's findings in all respects; gra nting 26 Motion for Summary Judgment; dismissing Mr. Rios's claims against Dr. Tomar without prejudice; and directing the Clerk to close the case. Signed by Chief Judge Kristine G. Baker on 8/30/2024. (ldb)Noti ce: The terminated party will no longer receive filing notifications through CM/ECF. To continue receiving filing notifications, email the Clerk of Court and request reinstatement. Please refer to the CM/ECF Administrative Policies and Procedures for Civil Filings for information about when a terminated party must be served.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DELTA DIVISION
WILBERTO ROBLEDO RIOS
Reg. #73227-018
v.

PLAINTIFF

Case No. 2:22-cv-00166-KGB

MAHARAJ ALEXANDRO TOMAR

DEFENDANT
ORDER

Before the Court are a Partial Recommended Disposition and Recommended Disposition
submitted by United States Magistrate Judge Edie R. Ervin (Dkt. Nos. 15; 32). Plaintiff Wilberto
Robledo Rios is an inmate incarcerated at the Bureau of Prisons’ Federal Correctional Institution
in Forrest City, Arkansas.
In the Partial Recommended Disposition, Judge Ervin screens Mr. Rios’s memorandum in
support of his complaint and amended complaint and recommends that the Court dismiss without
prejudice Mr. Rios’s claims against the Bureau of Prisons, Juan Baltazar, Christopher A. Wray,
and the John Doe defendants based on Mr. Rios’s failure to state a plausible claim for relief (Dkt.
No. 15, at 5). Mr. Rios did not file any objections to the Partial Recommended Disposition, and
the time for filing objections has passed. Accordingly, after careful consideration, the Court
approves and adopts the Partial Recommended Disposition in its entirety as this Court’s findings
in all respects (Dkt. No. 15). The Court dismisses without prejudice Mr. Rios’s claims against
the Bureau of Prisons, Mr. Baltazar, Mr. Wray, and the Doe defendants for failure to state a
plausible claim for relief. The Clerk is instructed to terminate as party defendants the Bureau of
Prisons, Mr. Baltazar, Mr. Wray, and the Doe defendants.
Also before the Court is Judge Ervin’s Recommended Disposition recommending that this
Court grant Maharaj Alexandro Tomar, M.D.’s motion for summary judgment and dismiss without

prejudice Mr. Rios’s claims against him for failure to exhaust administrative remedies (Dkt. No.
32). Mr. Rios did not file any objections to the Recommended Disposition, and the time for filing
objections has passed.

Accordingly, after careful consideration, the Court adopts the

Recommended Disposition in its entirety as this Court’s findings in all respects (Dkt. No. 32).
The Court grants Dr. Tomar’s motion for summary judgment (Dkt. No. 26). The Court dismisses
Mr. Rios’s claims against Dr. Tomar without prejudice for failure to exhaust his administrative
remedies. The Clerk is directed to close the case.
It is so ordered this 30th day of August, 2024.
__________________________________
Kristine G. Baker
Chief United States District Judge