United States District Court, E.D. Arkansas, Northern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J.
VOLPE, UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
following recommended disposition has been sent to United
States District Judge James M. Moody, Jr. Any party may serve
and file written objections to this recommendation.
Objections should be specific and should include the factual
or legal basis for the objection. If the objection is to a
factual finding, specifically identify that finding and the
evidence that supports your objection. An original and one
copy of your objections must be received in the office of the
United States District Court Clerk no later than fourteen
(14) days from the date of the findings and recommendations.
The copy will be furnished to the opposing party. Failure to
file timely objections may result in waiver of the right to
appeal questions of fact.
If you
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a hearing
for this purpose before the District Judge, you must, at the
same time that you file your written objections, include the
following:
1. Why
the record made before the Magistrate Judge is inadequate.
2. Why
the evidence proffered at the hearing (if such a hearing is
granted) was not offered at the hearing before the Magistrate
Judge.
3. The
details of any testimony desired to be introduced at the new
hearing in the form of an offer of proof, and a copy, or the
original, of any documentary or other non-testimonial
evidence desired to be introduced at the new hearing.
From
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and “Statement of Necessity” to:
Clerk, United States District Court Eastern District of
Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR
72201-3325
DISPOSITION
I.
INTRODUCTION
Terese
Marie Meadows (“Plaintiff”) is a prisoner in the
McPherson Unit of the Arkansas Department of Correction
(“ADC.”) She has filed this pro se
action, under 42 U.S.C. § 1983, alleging that from March
to May 2017, Defendants Dr. Joseph Hughes, Director of
Nursing Judy Baiza, and Medical Administrator Opal Bledsoe
failed to provide her with constitutionally adequate medical
care for chronic back, hip, shoulder, and knee
pain.[1] (Doc. No. 8.) She seeks monetary damages,
as well as injunctive and declaratory relief. (Id.)
Defendants
have filed a Motion for Summary Judgment, contending they are
entitled to judgment as a matter of law. (Doc. Nos. 71-73.)
Plaintiff has not filed a Response. Thus, the matter is now
ripe for a decision. After careful review, and for the
following reasons, I find Defendants' Motion for Summary
Judgment should be GRANTED, and Plaintiff's inadequate
medical care claim against Defendants Hughes, Baiza, and
Bledsoe should be DISMISSED with prejudice.
II.
SUMMARY ...