Reyes v. Arkansas Department of Correction et al

Filing 113

ORDER adopting 111 Partial Recommendation and overruling 112 objections. 100 Motion for summary judgment is granted. Reyes's claims against him are dismissed without prejudice. 97 Motion for summary judgment is partly granted and partly denied. Reyes's claim that Rohder wouldn't refer him to an optometrist goes forward. His remaining claims against Rohder are dismissed without prejudice. 112 Embedded motion for appointed counsel is denied without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 8/16/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
FROILAN REYES
ADC #155527

PLAINTIFF
No. 4:17-cv-762-DPM-PSH

v.

DAVID B. WARNER, MD, UAMS; and
SHARYN RHODER, APN, North Central Unit

DEFENDANTS

ORDER
1. On de nova review, the Court adopts Magistrate Judge Harris's

thorough partial recommendation, NQ 111, and overrules Reyes's
objections, NQ 112.

FED.

R. Crv. P. 72(b)(3).

The Court understands

Reyes' s frustration and the difficulty the language barrier created in
exhausting his claims. But the law on exhaustion is strict; and there
is no "special circumstances" exception to the exhaustion requirement.
Ross v. Blake, 136 S. Ct. 1850, 1862 (2016).

2. Dr. Warner's motion for summary judgment, NQ 100, is

granted. Reyes' s claims against him are dismissed without prejudice.
Rohder's motion for summary judgment, NQ 97, is partly granted and
partly denied.

Reyes' s claim that Rohder wouldn't refer him to an

optometrist goes forward. His remaining claims against Rohder are
dismissed without prejudice.

3. Reyes's embedded motion for appointed counsel, NQ 112, is
denied without prejudice. As Magistrate Judge Harris has previously

noted, neither the facts nor the claims are complex enough to warrant
appointed counsel at this stage. NQ 6 & NQ 24; Plummer v. Grimes,
87 F.3d 1032, 1033 (8th Cir. 1996). But if any claims proceed to trial,
then the Court will appoint counsel to assist Reyes at that point.
So Ordered.
D .P. Marshall Jr.
United States District Judge

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