Hastings v. Wilbur et al

Filing 94

ORDER adopting 68 partial recommendation. 29 Motion for preliminary injunctive relief is denied. Hastings's appeal 86 is denied. Magistrate Judge Volpe didn't clearly err or misapply the law in denying Hastings's motion to be transferred and to have free-world doctors handle all his medical and mental-health care. 81 . Signed by Chief Judge D. P. Marshall Jr. on 11/17/2020. (jak)

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

STEVEN HASTINGS
ADC #171672
v.

PLAINTIFF
No. 3:20-cv-160-DPM-JJV

ALEC J. WILBUR, Corrections Sergeant,
North Central Unit, et al.

DEFENDANTS

ORDER
1. The Court construes Hastings's supporting evidence, Doc. 79,

as an objection to Magistrate Judge Volpe' s partial recommendation,

Doc. 68.

On de nova review, the Court adopts the partial

recommendation, Doc. 68, and overrules Hastings's objections, Doc. 79.
FED.

R. CIV. P. 72(b)(3). The Court appreciates Judge Volpe developing

the record on diabetes-related matters. That record doesn't show that
irreparable harm is likely without immediate court action. Hastings's
motion for preliminary injunctive relief, Doc. 29, is therefore denied.
2. Hastings's appeal, Doc. 86, is denied. FED. R. CIV. P. 72(a).

Magistrate Judge Volpe didn't clearly err or misapply the law in
denying Hastings's motion to be transferred and to have free-world
doctors handle all his medical and mental-health care. Doc. 81.

So Ordered.
D .P. Marshall Jr.
United States District Judge

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