Simmons v. Rhodes et al

Filing 70

Order adopting 66 partial recommended disposition in all respects; granting 40 summary judgment on Simmons's inadequate medical care claims against defendants Cheek and Pitts and dismissing these claims with prejudice; denying 40 summary judgment on Simmons's remaining claims and allowing him to proceed on these claims; and directing the clerk to terminate Cheeks and Pitts as defendants immediately. Signed by Chief Judge Brian S. Miller on 08/10/2015. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES H. SIMMONS,
ADC #135731
v.

PLAINTIFF

CASE NO. 5:14CV00081 BSM

CAMRON RHODES et al.

DEFENDANTS

ORDER
The partial recommended disposition (“PRD”) filed by United States Magistrate Judge
Beth Deere and plaintiff Charles Simmons’s objections thereto have been reviewed. After
careful consideration of these documents and a de novo review of the record, the PRD is
hereby adopted in all respects.
IT IS THEREFORE ORDERED that:
1

Summary judgment [Doc. No. 40] is granted on Simmons’s inadequate medical

care claims against defendants Cheek and Pitts and these claims are dismissed with prejudice.
2

Summary judgment is denied on Simmons’s remaining claims and he is

allowed to proceed on these claims.
3

The clerk is directed to terminate Cheeks and Pitts as defendants immediately.

IT IS SO ORDERED this 10th day of August 2015.
________________________________
UNITED STATES DISTRICT JUDGE