United States District Court, E.D. Arkansas, Pine Bluff Division
BETH DEERE, Magistrate Judge.
I. Procedures for Filing Objections:
This Recommended Disposition ("Recommendation") has been sent to Chief United States District Judge Brian S. Miller. Any party may file written objections to this Recommendation.
Objections must be specific and must include the factual or legal basis for the objection. An objection to a factual finding must identify the finding of fact believed to be wrong and describe the evidence that supports that belief.
An original and one copy of your objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this Recommendation. A copy will be furnished to the opposing party.
If no objections are filed, Judge Miller can adopt this Recommendation without independently reviewing all of the evidence in the record. By not objecting, you may also waive any right to appeal questions of fact.
Plaintiff Edward Ferguson, an Arkansas Department of Correction ("ADC") inmate, filed this case pro se under 42 U.S.C. § 1983. (Docket entry #2) In his complaint, Mr. Ferguson claims that the Defendants acted with deliberate indifference to his medical needs. The Court previously dismissed Mr. Ferguson's claims against AllCare Correctional Pharmacy, Pharmacorr Pharmacy, Genia Snyder Walker, the John Doe Defendants, as well as Mr. Ferguson's claim that Defendant Iko retaliated against him. (#12, #55)
All remaining Defendants have now moved for summary judgment on all of Mr. Ferguson's claims against them. (#81, #84) Mr. Ferguson has responded to the motions. (#88, #91, #93, #94) In addition, all Defendants have replied to Mr. Ferguson's response. (#90, #98)
For the following reasons, the Court recommends that the Defendants' motions for summary judgment (#81, #84) be GRANTED. Mr. Ferguson's claims against Defendants Kelley, McBride-Andrews, Hubbard, and Iko should be DISMISSED, without prejudice, based on Mr. Ferguson's failure to fully exhaust his administrative remedies. Mr. Ferguson's claims against Corizon Medical Services ("Corizon") (also known as Correctional Medical Services) should be DISMISSED, with prejudice.
A. Summary Judgment Standard
Summary judgment is granted to a party when the evidence, viewed in the light most favorable to the nonmoving party, presents no genuine dispute as to any material fact. FED.R.CIV.P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 246, 106 S.Ct. 2505 (1986). A moving party must first present evidence that there is no genuine dispute as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553 (1986). If the moving party meets this burden, the nonmoving party must come forward with evidence showing that there is a genuine dispute that must be decided at a trial. Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc). If the ...