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)

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