Winston v. Kelly et al

Filing 189

ORDER ADOPTING 183 Report and Recommendations in their entirety as to Dr. Anderson and in part as to Nurse Taylor; defts' motions for summary judgment 168 and 171 are GRANTED; pltf's complaint is dismissed with prejudice. Signed by Judge J. Leon Holmes on 7/25/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES A. WINSTON
ADC #84733
v.

PLAINTIFF

No. 5:10CV00180 JLH-JJV

RORY GRIFFIN, Health Service Administrator,
CMS, Cummins Unit, Arkansas Department
of Correction; et al.

DEFENDANTS

ORDER
United States Magistrate Judge Joe J. Volpe has submitted Proposed Findings and
Recommended Disposition in which he recommends that the Court enter summary judgment in favor
of the remaining defendants, Rory Griffin, Crystal Woods, Ella Taylor, and Dr. Roland Anderson.
Charles A. Winston has objected to the proposed findings and recommendations in part. In his
objections, he states that he is dropping his claims against Woods and Griffin. Document #187 at
17. He objects, however, to the recommendation that summary judgment be entered in favor of
Taylor and Anderson. He also requests the Court to reconsider earlier rulings dismissing other
defendants. Upon de novo review, the Court adopts the magistrate judge’s Proposed Findings and
Recommended Disposition in their entirety as to Dr. Anderson and in part as to Nurse Taylor.
Taylor testified by affidavit that she was a registered nurse practitioner employed by CMS part-time
during the relevant period. She was not responsible for conducting physical exams or assigning
medical classifications. During the times that she saw Winston, his medical classification had been
assigned by a physician. Based on those undisputed facts, Taylor was not deliberately indifferent
to Winston’s serious medical needs.

For the reasons stated, the defendants’ motions for summary judgment are GRANTED.
Documents #168 and #171. Charles A. Winston’s complaint is dismissed with prejudice.
IT IS SO ORDERED this 25th day of July, 2013.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE