United States District Court, M.D. Tennessee, Nashville Division
REPORT AND RECOMMENDATION
JEFFERY S. FRENSLEY UNITED STATES MAGISTRATE JUDGE.
Introduction and Background
matter is before the Court upon a Motion to Dismiss
Plaintiff's Amended Complaint filed by Defendant Arthur
Bellott, M.D. (“Defendant”). Docket No. 76.
Along with his Motion, Defendant has filed a supporting
Memorandum of Law. Docket No. 75.
has not responded to Defendant's Motion to Dismiss.
filed the Amended Complaint in this pro se, in forma pauperis
action on December 10, 2018, pursuant to 42 U.S.C. §
1983, alleging that Defendant was deliberately indifferent to
his serious medical needs in violation of his Eighth
Amendment rights. Docket No. 70. Plaintiff sues Defendant in
his official capacity,  seeking $450, 000.00 in compensatory
and punitive damages. Id.
filed the instant Motion and supporting Memorandum of Law
arguing that Plaintiff's Amended Complaint fails to state
a claim against him for which relief can be granted because:
(1) Plaintiff's allegations against him are conclusory;
(2) Plaintiff fails to allege with any specificity that
Defendant was involved in Dr. Johnson's decision to
discontinue Plaintiff's Neurontin prescription; and (3)
Plaintiff has failed to exhaust his administrative remedies
with regard to his claims against Defendant as required under
the Prison Litigation Reform Act, 42 U.S.C. §1997e(a) .
Docket Nos. 75, 76. Defendant seeks dismissal of
Plaintiff's claims against him and further asks that
“costs be taxed to the Plaintiff, for which execution
may issue.” Docket No. 76, p. 2.
reasons set forth below, the undersigned finds that
Plaintiff's Amended Complaint has failed to state a claim
against Defendant Bellott for which relief can be granted.
Accordingly, the undersigned recommends that Defendant
Bellott's Motion to Dismiss Plaintiff's Amended
Complaint (Docket No. 76) be GRANTED, that Plaintiff's
claims against Defendant Bellott be DISMISSED, and that
Defendant Bellott be TERMINATED as a party in this action.
Allegations of Plaintiff's Amended
allegations against Defendant Bellott, in their entirety, are
Doctor Bellot was working in concern with Dr. Johnson to deny
the plaintiff medical treatment. Doctor Bellot stated it were
Dr. Johnson taking me off my medication. When I did see
Doctor Bellot he would never bring my medical file with him.
In fairness to Doctor Bellot plaintiff located a letter he
wrote Dr. Bellot dated 2-2-2017 in that he did place me back
on neurotin for thirty days. . . . I also file grievance on
Dr. Bellot but that grievance was not process by grievance
Chairperson. . . .
. . .
Doctor Bellot did not come to my segregation on 1-18-2018. .
. . Docket No. 70, pp. 1-2.
Law and Analysis
Motion to Dismiss: ...