Gillard v. Wilkerson et al

Filing 120

ORDER approving and adopting 116 Partial Recommended Disposition as this Court's findings in all respects; denying 76 Mr. Gillard's motion for summary judgment; granting 92 Medical Defendants' motion for partial summary judgm ent; dismissing, without prejudice, Mr. Gillard's claims against Defendant Quinones based on his failure to exhaust his administrative remedies; and limiting his claims against Defendant Wenoka Kelly to her alleged failure to provide Mr. Gillard an updraft treatment on 12/9/2013. Signed by Judge James M. Moody Jr. on 6/10/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEVESTER GILLARD, SR.
ADC #92839
V.

PLAINTIFF

CASE NO. 5:14-CV-170 JM/BD

CONNIE WILKERSON, et al.

DEFENDANTS
ORDER

The Court has received a Partial Recommended Disposition (“Recommendation”)
filed by Magistrate Judge Beth Deere. After careful review of the Recommendation and
the timely objections, as well as a de novo review of the record, the Court concludes that
the Recommendation should be, and hereby is, approved and adopted as this Court’s
findings in all respects.
Mr. Gillard’s motion for summary judgment (docket entry #76) is DENIED. The
Medical Defendants’ motion for partial summary judgment (#92) is GRANTED. Mr.
Gillard’s claims against Defendant Quinones are DISMISSED, without prejudice, based
on his failure to exhaust his administrative remedies. His claims against Defendant
Wenoka Kelly are limited to her alleged failure to provide Mr. Gillard an updraft
treatment on December 9, 2013.
IT IS SO ORDERED this 10th day of June, 2015.

________________________________
UNITED STATES DISTRICT JUDGE