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)

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his alleged receipt of out-of-date medications and the denial of his preferred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.

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L. B

2

OKS
ES DISTRICT JUDGE