Pollard v. Buckman et al

Filing 149

ORDER ADOPTING 146 Report and Recommendations in their entirety; therefore, defts' motions for summary judgment 122 131 are GRANTED and Pollard's complaint is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 10/12/11. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

NAPOLEON POLLARD

v.

PLAINTIFF

No.5:08-cv-289-DPM

JOSEPH K. BUCHMAN and
ROLAND ANDERSON

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Jerome T. Kearney's
Proposed Findings and Recommendations, Document No. 146, and Napoleon
Pollard's objections, Document No. 148. Having conducted a de novo review,
the Court adopts Judge Kearney's proposal as its own. Pollard's lack of
expert testimony dooms the malpractice claim; Pollard's medical records
show lots of physical therapy rather than deliberate indifference; and there
simply is no evidence that Anderson personally denied needed therapy.
Buchman's and Anderson's motions for summary judgment, Document Nos.
122 & 131, are granted. Pollard's complaint and supplemental complaint,
Document Nos. 2 & 20-2, are dismissed with prejudice.

So Ordered.

D.P. Marshall Jr.
United States District Judge
12 October 2011

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