Dodds v. Correctional Medical Services

Filing 45

ORDER ADOPTING 33 Partial Report and Recommendations and dismissing plaintiff's claims against St. Vincent without prejudice. Signed by Judge D. P. Marshall Jr. on 4/23/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

JOHN E. DODDS

ADC # 132088

v.

PLAINTIFF
No.5:11-cv-291-DPM-BD

CORRECTIONAL MEDICAL SERVICES;
DREAM YOUNG; JONAK; YORK; BEVERLY
SIMMONS; LIGGET; BARNES; HOUSTON; and
ST. VINCENT HEALTH SYSTEM

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Beth Deere's proposed
/'

Partial Recommended Disposition, Document No. 33, and John Dodds's
objection, Document No. 44. Having conducted a de novo review, the Court
adopts Judge Deere's proposed result with a clarification on the reasoning.
FED.

R. CIV. P. 72(b)(3). Dodds's objection, which Judge Deere did not have,

asserts a contract between st. Vincent and eMS. Assuming without deciding
that this alleged contract exists and would make St. Vincent a state actor
subject to § 1983, Dodds's claim against the hospital nonetheless still fails as
amatieroflaw. Dodds'sallegationsaboutSt. Vincent'slackoffollow-up,and
I'

failure to replace Dr. Houston, at most create an issue of negligence, not

deliberate indifference. Dodds's claims against St. Vincent are therefore
dismissed without prejudice.
So Ordered.

D.P. Marshall Jr.

United States District Judge

23 April 2012