Yielding v. Correctional Medical Services et al

Filing 72

ORDER ADOPTING 69 Partial Report and Recommendations; therefore, defts' 62 Motion to Deem Admitted is DENIED as moot; defts' 59 Motion for Summary Judgment is GRANTED; pltf's claims against defts Moskovich and Esaw are DISMISSED without prejudice, and the claims against defts Anderson, Austin, and Warren are DISMISSED with prejudice; pltf's claims against deft Wendy Kelly remain. Signed by Judge Susan Webber Wright on 8/20/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
SHAWN YIELDING, ADC #118018,
Plaintiff,
v.
CORRECTIONAL MEDICAL SERVICES;
et al.,
Defendants.

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No. 5:11-cv-00261-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, the Court concludes that the
Proposed Findings and Partial 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.

Defendants’ Motion to Deem Admitted (Doc. No. 62) is DENIED as moot.

2.

The Motion for Summary Judgment (Doc. No. 59) filed by Defendants Anderson,

Austin, Esaw, Moskovich, and Warren is GRANTED.
A.

Plaintiff’s claims against Defendants Moskovich and Esaw are DISMISSED

without prejudice.
B.

Plaintiff’s claims against Defendants Anderson, Austin, and Warren are

DISMISSED with prejudice.
Plaintiff’s claims against Defendant Wendy Kelly remain.
IT IS SO ORDERED this 20th day of August, 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE