Grant/Rakim v. Kelley

Filing 55

ORDER adopting the 38 Partial Recommendation and overruling 43 Bland's objection. 29 and 37 Motions for Summary Judgment are denied. 30 Motion for Summary Judgment is denied. The Court adopts the 46 Partial Recommendation and overrules 49 objections. 40 Motion for Summary Judgment is denied. Signed by Judge D. P. Marshall Jr. on 9/22/2017. (jak)

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IN THE UNITED ST ATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ABRAHAM/RASHEEN GRANT/RAKIM ADC #128147 v. PLAINTIFF No. 5:16-cv-305-DPM-JTK BLAND, Medical Provider, Varner Unit DEFENDANT ORDER 1. On de nova review, the Court adopts the 7 July 2017 partial recommendation, NQ 38, and overrules Bland's partial objection, NQ 43. FED. R. CIV. P. 72(b)(3). The Court agrees that Grant/Rakim adequately exhausted his claims against Bland in grievance VSM 16-02357. NQ 38 at 7-8. Though Grant/Rakim stated he was filing his informal grievance "on" Wendy Kelley, he also named Nurse Bland and complained about being referred to her instead of a doctor. NQ 2 at 6. Further, nothing in the ADC grievance policy supports rejecting a grievance because the prisoner failed to note that it was medical in nature. In fact, the prison makes the call on whether a grievance is a medical one. E.g., NQ 32-1 at 11. Grant/Rakim' s motion for summary judgment and motion to quash, NQ 29 & 3 7, are denied. Bland' s motion for summary judgment, NQ 30, is denied. Grant/Rakim' s claims arising from grievance VSM 16- 02357 go forward. 2. On de nova review, the Court adopts the 26 July 2017 partial recommendation, NQ 46, and overrules Grant/Rakim' s objections, NQ 49. FED. R. Crv. P. 72(b)(3). Grant/Rakim's amended motion for summary judgment, NQ 40, is denied. So Ordered. ~ DY.MarSh i Jr. United States District Judge -2-

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