Ingram v. Helder et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 33 ; granting in part and denying in part 21 Motion for Summary Judgment; granting 24 Motion for Summary Judgment and Sheriff Tim Helder is dismissed with prejudice. Signed by Honorable Timothy L. Brooks on February 4, 2016. (jn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JERRY FLOYD INGRAM, JR. V. PLAINTIFF CASE NO. 5:15-CV-5068 SHERIFF TIM HELDER; NURSE JUDY MADEWELL; NURSE RHONDA S. BRADLEY; DR. SAEZ; NURSE REGINA CAMPBELL; AND JANE DOE NURSES DEFENDANTS ORDER Comes on for consideration the Report and Recommendation (Doc. 33) filed in this case on December 21 , 2015 , by the Honorable Erin L. Setser, United States Magistrate for the Western District of Arkansas. Fourteen (14) days have passed without objections being filed by the parties. The Court has reviewed this case and , being well and sufficiently advised , finds as follows : the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge's Report and Recommendation : 1. Separate Defendant Sheriff Tim Helder's Motion for Summary Judgment (Doc. 24) is GRANTED and this case is DISMISSED WITH PREJUDICE with respect to all claims against Sheriff Helder 2. Separate Defendants Roberto Saez, MD; Judy Madewell , Rhonda Bradley, and Regina Walker's Motion for Summary Judgment (Doc. 21) is GRANTED IN PART and DENIED IN PART as follows: A. The Motion is GRANTED with respect to Plaintiff's claims concerning his alleged receipt of out-of-date medications and the denial of his preferred medication; and B. The Motion should be DENIED with respect to Plaintiff's claim concerning his delay in receipt of prescription medication after his intake date. This claim will be set for trial by seP.i IT IS SO ORDERED on this te order. 1!_ day L. B 2 OKS ES DISTRICT JUDGE

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