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)