United States District Court, E.D. Arkansas, Pine Bluff Division
October 23, 2014
HOLLIS DEVIN MARTZ, ADC #155904, Plaintiff,
O. IKO, Doctor, Varner Unit; L. GRISWOLD, Nurse, Varner Unit; D. YORK, HSA, Varner Unit; WATSON, Warden, Varner Unit; WENDY KELLY, Chief Deputy Director, Correctional Programming and Health Care; RORY GRIFFEN, Deputy Director, Health and Correctional Services; ARTIS RAY HOBBS, Director, Arkansas Department of Correction; PAYNE, Warden, Wrightsville Unit; KEITH WADDLE, Disciplinary Hearing Judge, Arkansas Department of Correction; RAYMOND NAYLOR, Disciplinary Hearing Judge, Arkansas Department of Correction, Internal Mfairs Division; SMILEY, Lieutenant, Wrightsville Unit; COBB, Sergeant, Wrightsville Unit; JADA LAWRENCE, Assistant to the Director, Arkansas Department of Correction; GRANT HARRIS, Deputy Director, Arkansas Department of Correction; and JONES, Doctor, Wrightsville Unit, Defendants.
D.P. MARSHALL, Jr., District Judge.
1. The Court adopts Magistrate Judge Kearney's unopposed partial recommendation, No. 5, as modified. FED. R. CIV. P. 72(b) (1983 Addition to Advisory Committee Notes). Watson was added in the amended complaint. No. 4 at 2. Martz's allegations against Watson are unrelated to Martz's allegations of inadequate medical care and treatment of his back, neck, and knee. Watson is therefore dismissed without prejudice.
2. The Court directs the Clerk to correct the docket sheet: Martz's filing, No. 8, is not an objection; he agrees with the recommendation. The Court notes Martz's request for appointed counsel and medical records in his filing. Martz must file a motion if he wants any relief about those things.
3. Martz's complaint is limited to alleged inadequate medical care and treatment of his back, neck, and knee. All other allegations are dismissed without prejudice. Kelly, Griffin, Hobbs, Payne, Waddle, Naylor, Smiley, Cobb, Lawrence, and Harris are dismissed without prejudice.