Smith v. Correctional Medical Services, Inc. et al
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.
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
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
objections were filed to the reports and recommendations.
recommendations are proper and should be and hereby are adopted in
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
(doc. 71) is GRANTED, and Plaintiff’s claims against Corizon and
Anderson are DISMISSED WITHOUT PREJUDICE pursuant to 42 U.S.C. §
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.
Defendants Dr. David Ware, Judith Savoy, and Dream Redic-Young’s
Motion to Dismiss (doc. 101) is GRANTED, and Plaintiff’s claims
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
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