Tubbs v. Corizon Inc et al

Filing 180

ORDER adopting in all respects 179 proposed findings and recommended disposition; directing the Clerk of Court to modify the docket to reflect that defendant "Corizon, Inc." is "Corizon, LLC", Defendant "A. Pevey" is & quot;Amanda Pevey", and Defendant "Rice" is "Sherie Rice"; granting defendants' 167 motion for summary judgment; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Defend ants Corizon, LLC, Laura Morgan, Amanda Pevey, and all claims against defendant Estella Bland not related to the medical encounter on July 23, 2013, are dismissed without prejudice for failure to exhaust administrative remedies. Defendants Annette Esaw, Sherie Rice, and the claims related to a medical encounter on July 23, 2013, against Defendant Estella Bland are dismissed with prejudice. Signed by Chief Judge Brian S. Miller on 11/3/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
WILLIAM R. TUBBS
v.

PLAINTIFF
CASE NO. 5:13CV00377-BSM-JJV

CORIZON, INC., et al.

DEFENDANTS
ORDER

The proposed findings and recommended disposition submitted by United States
Magistrate Judge Joe J. Volpe have been reviewed. No objections have been filed. After
careful consideration, it is concluded that the proposed findings and recommended
disposition are hereby adopted in all respects.
IT IS THEREFORE ORDERED THAT:
1.

The Clerk of Court shall modify the docket to reflect that defendant “Corizon,

Inc.” is “Corizon, LLC”; Defendant “A. Pevey” is “Amanda Pevey”; and Defendant “Rice”
is “Sherie Rice.”
2.

The defendants’ motion for summary judgment [Doc. No. 167] is granted.

Defendants Corizon, LLC, Laura Morgan, Amanda Pevey, and all claims against defendant
Estella Bland not related to the medical encounter on July 23, 2013, are dismissed without
prejudice for failure to exhaust administrative remedies. Defendants Annette Esaw, Sherie
Rice, and the claims related to a medical encounter on July 23, 2013, against Defendant
Estella Bland are dismissed with prejudice.
3.

The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma

pauperis appeal from this order would not be taken in good faith.

IT IS SO ORDERED this 3rd day of November 2015.

_____________________________________
UNITED STATES DISTRICT JUDGE