Hodges v. Wright et al, No. 4:2017cv00043 - Document 30 (E.D. Ark. 2017)

Court Description: ORDER adopting in part 9 the proposed findings and recommendations; and dismissing without prejudice defendants Wright and Parker, for failure to state a claim upon which relief may be granted. Out of an abundance of caution, defendant Turn Key Medical is not dismissed. Giving Hodges's complaint a liberal reading, he states his allegations against Turn Key Medical specifically enough. Signed by Chief Judge Brian S. Miller on 5/11/2017. (kdr)
Download PDF
Hodges v. Wright et al Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KEITH HODGES v. PLAINTIFF CASE NO. 4:17-CV-00043 BSM RODDNEY WRIGHT, et al. DEFENDANTS ORDER The proposed findings and recommendations [Doc. No. 9] submitted by United States Magistrate Judge Jerome T. Kearney have been received along with objections from plaintiff Keith Hodges [Doc. No. 18]. After carefully reviewing the proposed findings and recommendations de novo, they are adopted in part. Defendants Wright and Parker are dismissed without prejudice for failure to state a claim upon which relief may be granted. Out of an abundance of caution, defendant Turn Key Medical is not dismissed because Hodges’s complaint demonstrates his intent to hold liable Nurse Briann “or whoever is in charge of medical here at the jail,” and the complaint identifies Turn Key Medical as the medical provider at the jail. Amended Complaint, Doc. No. 6, at 1, 5. Giving Hodges’s complaint a liberal reading, he states his allegations against Turn Key Medical specifically enough. IT IS SO ORDERED this 11th day of May 2017. ________________________________ UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com