Reyes v. Arkansas Department of Correction et al

Filing 95

ORDER adopting 84 Partial Recommendation. 50 Motion for summary judgment is denied without prejudice. 65 Motion to dismiss is granted; and Reyes's claims against Bland and Griswold are dismissed with prejudice. Reyes's claims against Johnson and Law are dismissed without prejudice. 68 and 78 Motions are denied as moot. Signed by Judge D. P. Marshall Jr. on 2/8/2019. (jak)

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

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

DAVID B. WARNER, MD, UAMS;
JOHNSON, Doctor, Pulaski County
Detention Center; ESTELLA BLAND,
RN, Cummins Unit; LaSONYA GRISWOLD,
Cummins Unit, MARCUS LAW, Doctor,
ADC; and SHARON RHODER, APN,
North Central Unit

DEFENDANTS

ORDER
On de nova review, the Court adopts Magistrate Judge Harris's
partial recommendation, NQ 84, and overrules Warner's objections,
NQ 85.

FED.

R. CIV. P. 72(b)(3). As Judge Harris noted, this case is still

in early days. The proof before the Court is therefore limited. In the
circumstances, the Court would benefit from a more developed record
before ruling on the fraudulent concealment issue. This case may or
may not be like Quinones v. United States, which didn't involve an
allegedly misleading diagnosis or prognosis.

NQ 45 in E.D. Ark.

NQ 2:13-cv-19-DPM.
Warner's motion for summary judgment, NQ 50, is denied without
prejudice. Bland and Griswold's motion to dismiss, NQ 65, is granted;
and Reyes' s claims against them are dismissed with prejudice.

Reyes' s claims against Johnson and Law are dismissed without
prejudice.

And his motions for clarification and for service, NQ 68 &

NQ 78, are denied as moot.

So Ordered.
D.P. Marshallr~
United States District Judge

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