Capshaw v. Stieve et al

Filing 73

ORDER adopting as modified 69 Recommendation. Granting 62 Motion for Summary Judgment. Capshaw's complaint will be dismissed with prejudice. Capshaw's 71 and 72 Motions for appointed counsel and a status update are denied as moot. Signed by Judge D. P. Marshall Jr. on 2/23/2017. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION VERNON K. CAPSHAW ADC #144481 v. PLAINTIFF No. 5:16-cv-121-DPM J. STIEVE, Doctor; L. GRISWOLD, APN; E. BLAND, APN; and C. CAPPS, APN DEFENDANTS ORDER Opposed recommendation, NQ 69, adopted as modified. FED. R. C1v. P. 72(b)(3). The modification: The day after Magistrate Judge Volpe entered his recommendation, the Court received Capshaw' s response to the motion for summary judgment. NQ 70. The Court has therefore considered that paper, taken it as an objection too, and reviewed the recommendation de nova. What pain medicine Capshaw needs for his foot is a medical judgment. Taking the record in the light most favorable to him, the doctor and nurse practitioners thought non-opiods would work; they didn't; and the opiod was restored after suit was filed. This was, at most, negligence, not deliberate indifference. The motion for summary judgment, NQ 62, is granted. Capshaw' s complaint will be dismissed with prejudice. Capshaw' s motions for appointed counsel and a status update, NQ 71 & 72, are denied as moot. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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