John W. Pickle, Jr. v. Ronald John Stukey, Randall L. Williams Unit, ADC and Taylor Surveroy, Sergeant, Randall L. Williams Unit, ADC
Opinion
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION
JOHN W. PICKLE, JR. ADC #652242 PLAINTIFF
Vv. No. 4:25-cv-1117-DPM-PSH
RONALD JOHN STUKEY, Randall L. Williams Unit, ADC and TAYLOR SURVEROY, Sergeant, Randall L. Williams Unit, ADC DEFENDANTS
ORDER On de novo review, the Court declines to adopt the recommendation, Doc. 38. Fed. R. Civ. P. 72(b)(3). Pickle alleges that Dr. Stukey delayed medical treatment for Pickle’s elevated bile levels and gallbladder concerns. This delay resulted in him collapsing, and being hospitalized for sixteen days. Doc. 40 at 2. Pickle says he couldn’t exhaust his administrative remedies for this claim—he was unable to grieve his inadequate medical care because he was in the hospital for longer than the fifteen-day period for filing a timely grievance. There’s no evidence in the record that he could have grieved his medical issues from the hospital. Doc. 22 at 3. In the circumstances, the administrative grievance procedure was presumptively unavailable to Pickle. Ross v. Blake, 578 U.S. 632, 642-44 (2016); Smith v. Andrews, 75 F.4th 805, 808-09 (8th Cir. 2023). Motion for summary judgment on
exhaustion, Doc. 11, denied without prejudice. Pickle’s claims against Dr. Stukey go forward. So Ordered. OPVbatol fo D.P. Marshall Jr. United States District Judge ale une. HO ple
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John W. Pickle, Jr. v. Ronald John Stukey, Randall L. Williams Unit, ADC and Taylor Surveroy, Sergeant, Randall L. Williams Unit, ADC (John W. Pickle, Jr. v. Ronald John Stukey, Randall L. Williams Unit, ADC and Taylor Surveroy, Sergeant, Randall L. Williams Unit, ADC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.