Bell v. Southern Health Partners, Inc. et al

Filing 19

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS and dismissing without prejudice claims against Nurse R. Tyranny, Nurse Janet and Nurse Peggy. Signed by Honorable Timothy L. Brooks on October 2, 2015. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ALAN JAMES BELL v. PLAINTIFF CASE NO. 5:15-CR-05018 SOUTHERN HEAL TH PARTNERS, INC.; NURSE MILES; NURSE R. TYRANNY; NURSEPEGGY;andNURSEJANET DEFENDANTS ORDER On August 6, 2015, the Honorable Erin L. Setser, Magistrate Judge for the Western District of Arkansas, filed a Report and Recommendation ("R & R") (Doc. 11 ), explaining why claims against Defendants Nurse R. Tyranny, Nurse Peggy, and Nurse Janet should be dismissed prior to the service of the Amended Complaint. Plaintiff Alan James Bell had alleged that these three nurses failed to wear gloves when administering medication to him. As explained in the R & R, "the mere failure to wear gloves does not constitute a claim of constitutional dimension" pursuant to 42 U.S.C . ยง 1983. (Doc. 11, p. 3). Bell filed an Objection (Doc. 14) to the R & Ron August 17,2015. In the Objection, he does not provide a basis in fact or law as to why the Court should decline to adopt the Magistrate Judge's R & R. He merely explains with greater detail why he believes the nurses did not wear gloves when administering his medication. The Objection is therefore overruled. IT IS ORDERED that the R & R (Doc. 11) is ADOPTED IN ITS ENTIRETY, and claims against Defendants Nurse R. Tyranny, Nurse Peggy, and Nurse Janet are DISMISSED WITHOUT PREJUDICE for failure to state a claim. 2

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