Axelson v. Corizon Medical Services Inc et al

Filing 110

ORDER ADOPTING REPORT AND RECOMMENDATIONS 106 ; denying 102 Motion for Preliminary Injunction. Signed by Judge Susan Webber Wright on 1/6/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TIM AXELSON, ADC #97108

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Plaintiff,
v.
CORIZON MEDICAL SERVICES
INC.; et al.,
Defendants.

No. 5:12CV00339-SWW-JJV

ORDER
The Court has reviewed the Proposed Findings and Recommended Partial 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 Recommended Disposition should be, and hereby are, approved and adopted
in their entirety as this Court's findings in all respects.1
IT IS, THEREFORE, ORDERED that:
1.

Mr. Axelson’s Motion for Preliminary Injunction (Doc. No. 102) is DENIED.

DATED this 6th day of January, 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT COURT JUDGE

1

In his objections, Plaintiff in large part complains that the ADC medical provider is not
following the recommendations of outside consultants but “a prison doctor does not have to
follow the recommendation of an outside consultant; he or she is free to exercise independent
judgment in determining the course of treatment to be followed.” Wilson v. CMS Medical
Services, No. 4:06cv967, 2007 WL 763092, *6 (E.D. Mo. March 9, 2007) (citing Dulany
v.Carnahan, 132 F.3d 1234, 1240 (8th Cir. 1997)).