Fudge v. Staley et al

Filing 50

ORDER ADOPTING 44 the proposed findings and partial recommended disposition in all respects; granting in part and denying in part 35 Defendants' motion for summary judgment; and directing the Clerk to correct the docket sheet to reflect that defendant "McCoyn" is "Kevin McCoy." Signed by Chief Judge Brian S. Miller on 3/7/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMES FUDGE, ADC # 113396
v.

PLAINTIFF

CASE NO. 4:15CV00113 BSM

JOHN STALEY, Sheriff, Lonoke County
Jail, and Kevin McCoy, Captain, Lonoke
County Jail

DEFENDANTS

ORDER
The proposed findings and partial recommended disposition (“PRD”) submitted by
United States Magistrate Judge Joe J. Volpe and plaintiff’s objections thereto have been
reviewed. After careful consideration of these documents and a de novo review of the
record, the PRD are hereby adopted in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendants’ motion for summary judgment [Doc. No. 35] is:
a.

Granted on plaintiff’s official capacity claims against all defendants and

on plaintiff’s deliberate indifference to medical needs against Staley and these claims are
dismissed with prejudice; and
b.
2.

Denied in all other respects.

The clerk is directed to correct the docket to reflect that defendant “McCoyn”

is “Kevin McCoy.”
IT IS SO ORDERED this 7th day of March 2016.
_________________________________
UNITED STATES DISTRICT JUDGE