Arnold v. Johnson et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATIONS 30 dismissing the 2 Complaint filed by Vernessa Smith Arnold with prejudice. Signed by Judge D. P. Marshall Jr. on 11/6/13. (kpr)

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

PLAINTIFF

VERNESSA SMITH ARNOLD

v.

No. 4:12-cv-347-DPM-JJV

CATHY SMITH, Nurse,
Pulaski County Detention Facility

DEFENDANT

ORDER

The Court has considered Magistrate Judge Joe J. Volpe's proposed
findings and recommendations, NQ 30, and Arnold's objections, NQ 31. On de

novo review, the Court adopts Judge Volpe's proposal as supplemented.

FED.

R. CIV. P. 72(b)(3). The Court has listened to the evidentiary hearing and
considered the exhibits. Nurse Smith could not provide the medication
without a prescription. Dr. Johnson's failure to make one, especially in light
of the lapsed prescription, is regrettable and questionable. But he is no longer
in the case because Arnold made no claim that his prescribing some drugs but
not the one she sought constituted deliberate indifference. Arnold's claims
against Smith fail as a matter of law. As to Smith, Arnold's complaint is
dismissed with prejudice.

So Ordered.

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D.P. Marshall Jr. ·
United States District Judge

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