Upton v. Green et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS 51 and granting 45 Motion for Summary Judgment filed by Alva Green, Rita Odom, Correctional Medical Services Inc, Juanita Stell. Plaintiff's claims against defts Green, Stell and CMS, Inc. are dismissed without prejudice and plaintiff's claims against R ita Odom are dismissed with prejudice. Signed by Judge James M. Moody on 4/23/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION RICKY UPTON ADC #116955 V. ALVA GREEN et al. ORDE R The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge H. David Young, and the objections filed.1 After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED THAT: 1. 2. Defendants' motion for summary judgment (docket entry #45) is GRANTED. Plaintiff's claims against Alva Green, Junaita Stell, and Correctional Medical NO: 5:09CV00083 JMM DEFENDANTS PLAINTIFF

Services, Inc., are DISMISSED WITHOUT PREJUDICE. 3. Plaintiff's claims against Rita Odom are DISMISSED WITH PREJUDICE. 23 day of April, 2010.

DATED this

UNITED STATES DISTRICT JUDGE Plaintiff continues to argue that defendant Odom was working under a expired APN nursing licensing at the time of his treatment which he contends precludes the grant of summary judgment. He has not, however, presented any evidence that this had any effect on his treatment which would result in a violation of his rights. "Mere negligence or medical malpractice are insufficient to rise to a constitutional violation." Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.1997).
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