Opinion
4:23-cv-00443-KGB-ERE
12-19-2024
STEPHEN LOUIS SHERMOND BUFORD ADC #116840 PLAINTIFF v. WELLPATH and SHARON ROLLANS DEFENDANTS
RECOMMENDED DISPOSITION
I. Procedure for Filing Objections:
This Recommendation has been sent to United States District Chief Judge Kristine G. Baker. You may file written objections to all or part of this Recommendation. Any objections filed must: (1) specifically explain the factual and/or legal basis for the objection; and (2) be received by the Clerk of this Court within fourteen (14) days of the date of this Recommendation. If you do not object, you risk waiving the right to appeal questions of fact and Chief Judge Baker can adopt this Recommendation without independently reviewing the record.
II. Discussion:
Pro se plaintiff Stephen Louis Shermond Buford, an Arkansas Division of Correction (ADC) inmate, filed this lawsuit under 42 U.S.C. § 1983. Doc. 1. Mr. Buford's complaint alleges that, on February 28, 2022: (1) unidentified ADC officers used excessive force against him on two different occasions; (2) Nurse Sharon Rollans witnessed the ADC officers use excessive force against him, but failed to protect him from the second attack by the ADC officers; (3) following the incident, Nurse Rollans failed to provide him adequate medical care to treat his injuries; and (4) WellPath “provided inadequate medical care that did not satisfy the terms of the contract between the provider and the state” (Doc. 1 at 4). Mr. Buford seeks monetary relief.
The Court previously determined that Mr. Buford stated both a failure to protect and medical deliberate indifference claim against Nurse Rollans. Doc. 4. However, the Court recommended that Mr. Buford's claims against WellPath be dismissed. Doc. 3. That Recommendation remains pending.
Mr. Buford has now moved to voluntarily dismiss this lawsuit. Doc. 24. For good cause, the motion should be granted.
III. Conclusion:
IT IS THEREFORE RECOMMENDED THAT:
1. Mr. Buford's motion to voluntarily dismiss this lawsuit (Doc. 24) be GRANTED.
2. Mr. Buford's claims be DISMISSED, without prejudice.
3. Defendant Rollans' motion for summary judgment (Doc. 20) be DENIED, as moot.
4. The Clerk be instructed to close this case.