Bargo v. Kelley et al

Filing 83

ORDER approving and adopting in their entirety 81 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; and granting in part and denying in part 73 Medical Defendants' motion for summary judgme nt. Bargo's failure to specifically name Dr. Stringfellow in VU-17-00303 did not prevent exhaustion of his administrative remedies with respect to his delay-in-treatment claim against Dr. Stringfellow; all other claims against Dr. Stringfellow a re dismissed without prejudice. Bargo's claim regarding CCS' policy not to provide root canals and crowns will proceed, but Bargo's other claims against CCS are dismissed without prejudice. Signed by Judge J. Leon Holmes on 12/3/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JEROME ALLEN BARGO
ADC #75423
v.

PLAINTIFF
No: 5:17-cv-00281 JLH-PSH

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Patricia S. Harris, and the objections filed. After
carefully considering the objections and making a de novo review of the record in this case, the
Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and
hereby are, approved and adopted in their entirety as this Court’s findings in all respects.
IT IS THEREFORE ORDERED:
Medical Defendants’ motion for summary judgment is denied in part and granted in part.
Bargo’s failure to specifically name Dr. Stringfellow in VU-17-00303 did not prevent exhaustion
of his administrative remedies with respect to his delay-in-treatment claim against Dr.
Stringfellow; all other claims against Dr. Stringfellow are dismissed without prejudice. Bargo’s
claim regarding CCS’ policy not to provide root canals and crowns will proceed, but Bargo’s other
claims against CCS are dismissed without prejudice.
DATED this 3rd day of December, 2018.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE