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)

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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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