Frazier v. Glenn et al

Filing 184

ORDER denying 180 motion to dismiss; adopting 164 recommendation; granting 126 and 129 motions for summary judgment; and dismissing with prejudice Frazier's claims against Glenn, Cox, and O'Neal. Signed by Judge D. P. Marshall Jr. on 9/3/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
MICHAEL DOUGLAS FRAZIER
ADC #151108

PLAINTIFF

No. 3:22-cv-37-DPM

V.

TAMMY GLENN, Nurse Practitioner,
Greene County Detention Center;
BRENT COX, Chief of Detention,
Greene County Detention Center; and
HANNAH O'NEAL, Medical Employee,
Greene County Detention Center

DEFENDANTS

ORDER

Frazier alleges that the defendants were deliberately indifferent to

his medical needs. His claims against Estelle Bland were dismissed

because Frazier failed to exhaust his administrative remedies. Doc. 1162.
Magistrate Judge Ervin has recommended that this Court grant two
motions for summary judgment on Frazier's remaining claims. Frazier

did not object to the recommendation, and his time to do so has long
since passed. Instead, he filed an interlocutory appeal of the Order

dismissing Bland, which the Court of Appeals dismissed. Frazier then
filed a motion to voluntarily dismiss his claims against Glenn, Cox, and
O'Neal.
Frazier's motion to dismiss, Doc. 180, is denied. This is an older
case. The parties have completed discovery. The summary judgment

issues have been fully briefed for some time. The only hold-up has been

Frazier's interlocutory appeal. All material things considered, allowing
Frazier to non -suit his claims this late in the game would unfairly

prejudice Glenn, Cox, and O'Neal.

Paulucci v. City of Duluth,

826 F.2d 780, 783 (8th Cir. 1987).

This Court adopts Magistrate Judge Ervin's unopposed
recommendation, Doc. 164. Fed. R. Civ. P. 72(b) (1983 addition to

advisory comniittee notes). The motions for summary judgment,
Doc. 126 & 129, are granted. Frazier's claims against Glenn, Cox, and

O'Neal will be dismissed with prejudice.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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