Anderson v. Jarnagan et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 34 Motion for Summary Judgment; adopting Report and Recommendations re 50 Report and Recommendations. Signed by Honorable P. K. Holmes, III on February 5, 2015. (rg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
MARQUISE D. ANDERSON
v.

PLAINTIFF
Case No. 5:13-CV-05257

BENTON COUNTY DETENTION CENTER;
NURSE DARLA WATSON; NURSE GAIL
HARTGRAVES; and BRANDON JARNAGAN

DEFENDANTS

ORDER
Currently before the Court are the findings and recommendations (Doc. 50) of the Honorable
Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. Also before the
Court are Plaintiff’s objections (Doc. 52).
Plantiff does not make any specific objections to the Magistrate’s report. Rather, he objects
generally that he does not understand the rules or steps he needs to take to pursue his lawsuit further;
states that he did not have all relevant medical records to pursue his claims; and asks that he be given
more time to obtain counsel. Having reviewed the record, the Court finds that Plaintiff has
adequately represented himself in this case and was able to testify as to his claims in a hearing before
the Magistrate judge. This case is not being dismissed for any procedural failure based on lack of
knowledge of the rules on Plaintiff’s part. Plaintiff does not specify what medical records he
believes would have helped his case or how. The Court cannot imagine that any additional medical
record from the treating hospital would change the Court’s analysis of his claims. Finally, this case
has been pending since November of 2013, has progressed through the summary judgment stage of
litigation, and has now been recommended for dismissal. Allowing Plaintiff time to seek counsel
would only delay this matter for no legitimate purpose.
Having reviewed this case and, being well and sufficiently advised, the Court finds that the

report and recommendation of the Magistrate is proper and should be and hereby is ADOPTED IN
ITS ENTIRETY.

Accordingly, for the reasons stated in the Magistrate’s report and

recommendations, IT IS ORDERED that Defendants’ motion for summary judgment (Doc. 34) is
GRANTED, and Plaintiff’s complaint is DISMISSED WITH PREJUDICE.
Judgment will be entered accordingly.
IT IS SO ORDERED this 5th day of February, 2015.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE