Smith v. Correctional Medical Services, Inc. et al
Filing
127
ORDER granting 69 Motion to Dismiss Party; granting 71 Motion for Summary Judgment; granting 101 Motion to Dismiss; and granting 111 Motion to Dismiss Party as set forth. Further adopting REPORT AND RECOMMENDATIONS 120 , 123 , 124 , 125 , and 126 in their entirety. Signed by Honorable Robert T. Dawson on September 19, 2014. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
ELTON BENNIE SMITH, JR.
v.
PLAINTIFF
Case No. 11-6036
CORIZON, INC.; MEDICAL DIRECTOR
ROLAND ANDERSON; WARDEN W.D. REED;
DEPUTY DIRECTOR WENDY KELLEY;
JUDITH SAVOY; DR. SHIRLEY BARNES;
DREAM REDIC-YOUNG; DR. DAVID WARE;
and NURSE JENNIFER HUGHES
DEFENDANTS
ORDER
Now on this 19th day of September 2014, there comes on for
consideration the reports and recommendations filed herein on June
23, 2014 (doc. 120), July 10, 2014 (doc. 123-125), and July 11,
2014 (doc. 126), by the Honorable Barry A. Bryant, United States
Magistrate
Judge
for
the
Western
District
of
Arkansas.
No
objections were filed to the reports and recommendations.
The
court
sufficiently
has
reviewed
advised,
finds
this
as
case
and,
follows:
being
The
well
and
reports
and
recommendations are proper and should be and hereby are adopted in
their entirety.
Accordingly, Separate Defendants Warden W.D. Reed and Deputy
Director Wendy Kelley’s Motion to Dismiss (doc. 69) is GRANTED, and
Plaintiff’s claims against Separate Defendants Reed and Kelley are
DISMISSED WITHOUT PREJUDICE. Separate Defendants Corizon, Inc. and
Medical Director Roland Anderson’s Motion for Summary Judgment
AO72A
(Rev. 8/82)
(doc. 71) is GRANTED, and Plaintiff’s claims against Corizon and
Anderson are DISMISSED WITHOUT PREJUDICE pursuant to 42 U.S.C. §
1997e(a).
Plaintiff’s
claims
against
Separate
Defendant
Dr.
Shirley Barnes are DISMISSED WITHOUT PREJUDICE, however, Plaintiff
is advised he may file a separate action against Barnes if he is
able to obtain an accurate service address for her.
Separate
Defendants Dr. David Ware, Judith Savoy, and Dream Redic-Young’s
Motion to Dismiss (doc. 101) is GRANTED, and Plaintiff’s claims
against
Ware,
PREJUDICE.
Savoy
and
Redic-Young
are
DISMISSED
WITHOUT
Separate Defendant Nurse Jennifer Hughes’ Motion to
Dismiss (doc. 111) is GRANTED, and Plaintiff’s claims against
Hughes are DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
AO72A
(Rev. 8/82)
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