Mason v. Corizon, Inc. et al

Filing 75

ORDER ADOPTING 71 REPORT AND RECOMMENDATIONS in toto; denying 43 Motion for Summary Judgment; denying as moot 66 Motion to Appoint Counsel. Signed by Honorable Susan O. Hickey on March 7, 2016. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION JAMES MASON v. PLAINTIFF Case No. 6:13-cv-6110 CORIZON, INC.; ARIC SIMMONS, APN; and WANETTA CLOWERS, APN DEFENDANTS ORDER Before the Court is the Report and Recommendation filed December 17, 2015 by the Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 71). Judge Ford recommends that Defendants’ Motion for Summary Judgment (ECF No. 43) be denied and that Plaintiff’s Amended Motion for Appointment of Counsel (ECF No. 66) be granted. Defendants have responded with timely objections. (ECF No. 72). Defendants have filed their objections solely for the purpose of clarifying the record as to their position on two issues. Defendants’ clarifications offer no new law or fact requiring departure from Judge Ford’s Report and Recommendation. After reviewing the record, the Court adopts the Report and Recommendation in toto. Accordingly, Defendants’ Motion for Summary Judgement (ECF No. 43) should be and hereby is DENIED. The Report and Recommendation also recommended that Defendant’s Amended Motion for Appointment of Counsel (ECF No. 66) be granted. However, on January 4, 2016, the Court received a Suggestion of Death from Defendants notifying the Court that Plaintiff had passed away on January 1, 2016. (ECF No. 73). Accordingly, Plaintiff’s Amended Motion for Appointment of Counsel (ECF No. 66) is hereby DENIED AS MOOT. IT IS SO ORDERED, this 7th day of March, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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