Knox v. Bradley et al

Filing 111

ORDER ADOPTING 110 Report and Recommendation and granting in part and denying in part 83 Motion for Summary Judgment. Signed by Honorable P. K. Holmes, III on February 1, 2017. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CHRISTOPHER GEORGE KNOX v. PLAINTIFF No. 5:15-CV-05006 NURSE RHONDA BRADLEY, Southern Health Partners; SOUTHERN HEALTH PARTNERS; DR. ROBERTO SAEZ; and NURSE TERESA LEE DEFENDANTS ORDER The Court has received a report and recommendations (Doc. 110) from United States Magistrate Judge Erin L. Setser. No objections have been filed and the deadline for objections has passed. The Magistrate recommends that Defendants’ motion (Doc. 83) for summary judgment be granted in part and denied in part. The Court has reviewed this case and finds that the report is proper, contains no clear error, and should be and herby is ADOPTED IN ITS ENTIRETY. IT IS THEREFORE ORDERED that Defendants’ motion for summary judgment (Doc. 83) is GRANTED IN PART and DENIED IN PART. The motion is GRANTED insofar as all claims against Defendants Nurse Rhonda Bradley and Nurse Teresa Lee, and all claims arising out of delays in medical care or changes in medication, are DISMISSED WITH PREJUDICE. The motion is DENIED insofar as claims against Defendants Southern Health Partners and Dr. Roberto Saez arising out of discontinuation of controlled substances and failure to ensure incoming prisoners continue with prescribed medication pending medical evaluation remain pending. IT IS SO ORDERED this 1st day of February, 2017. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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