Johnson v. Correct Care Solutions LLC et al

Filing 39

ORDER partly adopting and partly declining without prejudice 36 partial recommendation; tentatively sustaining 38 Defendants' objections; and referring this case back to the Magistrate Judge for further proceedings. Signed by Judge D. P. Marshall Jr. on 3/2/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PLAINTIFF

ALBERT LEE JOHNSON
ADC #86314

v.

No. 5:17-cv-195-DPM-JJV

CORRECT CARE SOLUTIONS
LLC; and W ANNETT A CLOWERS,
APN; AMANDA GRAY, Nurse;
RONALD STUKEY, Doctor;
PAMELA ARMOSTER, Nurse;
and JANE DOES, Nurses 1-50, all
in their individual and official capacities

DEFENDANTS

ORDER

On de novo review, the partial recommendation, NQ 36, is partly
adopted and partly declined without prejudice.
P. 72(b)(3).

FED.

R. CIV.

Johnson may proceed with the claims from his two

exhausted grievances:

(1) that Clowers and Gray failed to provide him

with the correct medication; and (2) that Gray, Armoster, and Stukey
failed to provide him with proper medication in March of 2017. All
other claims are dismissed without prejudice for failure to exhaust.
In light of the Defendants' objections, NQ 38, and the odd timeline,
the Court would benefit from a recommendation focused on what
timeframe Johnson exhausted for his first claim, which is based on
grievance VU-15-0150.

The Defendants' objections are therefore

tentatively sustained. The Court refers this case back to the Magistrate
Judge for further proceedings.
So Ordered.
~

D.P. Marshall Jr.
United States District Judge

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