Marziale v. Silas

Filing 22

ORDER adopting the 17 recommended disposition. Christina Marziale's claims under federal law are dismissed without prejudice because Marziale did not exhaust her administrative remedies. Marziale's claims that arise under state law are remanded to the Circuit Court of Pulaski County, Arkansas. Signed by Judge J. Leon Holmes on 12/8/2015. (ljb) (Docket entry modified on 12/9/2015 to correct the file date). (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
CHRISTINA MARZIALE
v.

PLAINTIFF
No. 4:15CV00655-JLH-JJV

PHYLISS SILAS

DEFENDANT
ORDER

Christina Marziale commenced this action in the Circuit Court of Pulaski County, Arkansas,
against Phyliss Silas, individually and in her official capacity, under the Arkansas Civil Rights Act
and 42 U.S.C. § 1983, alleging that she was provided with inadequate medical care while pregnant
as an inmate in the Department of Community Punishment. Silas moved for summary judgment,
arguing that Marziale failed to exhaust her administrative remedies. United States Magistrate Judge
Joe J. Volpe recommended that the Court grant the motion to dismiss with respect to Marziale’s
section 1983 claims and remand the state claims to the Circuit Court of Pulaski County, Arkansas.
After carefully considering the objections and making a de novo review of the record, the Court
adopts the recommended disposition. Christina Marziale’s claims under federal law are dismissed
without prejudice because Marziale did not exhaust her administrative remedies. Marziale’s claims
that arise under state law are remanded to the Circuit Court of Pulaski County, Arkansas.
IT IS SO ORDERED this 8th day of December, 2015.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE