Williams v. Aldridge et al

Filing 69

ORDER ADOPTING 67 REPORT AND RECOMMENDATIONS and granting 50 Motion for Summary Judgment; granting 53 Motion for Summary Judgment; further case is hereby dismissed with prejudice. Signed by Honorable Susan O. Hickey on February 17, 2015. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
BOBBY DWAYNE WILLIAMS
VS.

PLAINTIFF
CASE NO. 6:13-CV-6004

NURSE ALDRIDGE, Omega Technical
Violator Center; SERGEANT SHORT;
and WARDEN BROWN

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed January 28, 2015 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
67). Judge Bryant recommends that Defendants’ Motions for Summary Judgment (ECF Nos. 50 &
53) be granted. Plaintiff has filed objectoins to the Report and Recommendation. (ECF No. 68).
After reviewing the record de novo, the Court adopts Judge Bryant’s Report and Recommendation
as its own.
Plaintiff’s Complaint alleges that he was denied adequate medical care while he was
incarcerated in the Omega Technical Violators Unit of the Arkansas Community Correction
(“ACC”), located in Malvern, Arkansas. Judge Bryant recommends that Defendants’ Motions for
Summary Judgment be granted because Plaintiff failed to follow ACC’s grievance procedure and
therefore failed to exhaust his administrative remedies prior to filing suit. See Prison Litigation
Reform Act, 42 U.S.C. § 1997e(a). Plaintiff does not address this exhaustion issue in his objections.
As an independent ground for granting summary judgment, Judge Bryant found that Plaintiff had
failed to show that any prison official had been deliberately indifferent to Plaintiff’s medical needs.
While Plaintiff does object to this finding, his objections are repetitive of his arguments that Judge
Bryant thoroughly addressed in his Report and Recommendation. Accordingly, the Court will not

repeat those arguments here.
The Court overrules Plaintiff’s objections and adopts Judge Bryant’s Report and
Recommendation (ECF No. 67). For the reasons stated herein and above, as well as those contained
in the Report and Recommendation, Defendants’ Motions for Summary Judgment (ECF Nos. 50
& 53) should be and hereby are GRANTED.

This case is hereby DISMISSED WITH

PREJUDICE.
IT IS SO ORDERED, this 17th day of February, 2015.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge