Tate v. Stieve, 2:17-cv-95-DPM. (2018)
Court: District Court, E.D. Arkansas
Number: infdco20180822769
Visitors: 28
Filed: Aug. 21, 2018
Latest Update: Aug. 21, 2018
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. Motion, N o 73-1, partly granted and partly denied. This Order serves as the requested status update. But it's unclear what dates Tate wants to amend. 2. On de nova review, the Court adopts the recommendation, N o 72, as supplemented and overrules Tate's objections, N o 75 & N o 76. FED. R. CIV. P. 72(b)(3). The supplement: Tate says McVay promised to get his prescription for pain medicine renewed if he signed a for
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. Motion, N o 73-1, partly granted and partly denied. This Order serves as the requested status update. But it's unclear what dates Tate wants to amend. 2. On de nova review, the Court adopts the recommendation, N o 72, as supplemented and overrules Tate's objections, N o 75 & N o 76. FED. R. CIV. P. 72(b)(3). The supplement: Tate says McVay promised to get his prescription for pain medicine renewed if he signed a form..
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ORDER
D.P. MARSHALL, JR., District Judge.
1. Motion, No 73-1, partly granted and partly denied. This Order serves as the requested status update. But it's unclear what dates Tate wants to amend.
2. On de nova review, the Court adopts the recommendation, No 72, as supplemented and overrules Tate's objections, No 75 & No 76. FED. R. CIV. P. 72(b)(3). The supplement: Tate says McVay promised to get his prescription for pain medicine renewed if he signed a form refusing treatment. No 66-2 at 54-55. That claim is troubling. But it amounts to a claim about delayed medical treatment; and Tate hasn't presented verifying medical evidence showing that the delay harmed him. Crowley v. Hedgepeth, 109 F.3d 500, 502 (8th Cir. 1997). The motion for summary judgment, No 64, is therefore granted. Tate's claims against Stieve, Campbell, and McVay will be dismissed with prejudice.
So Ordered.
Source: Leagle
