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)

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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 ยง 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

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