govinfo:USCOURTS-arwd-5_26-cv-05060-1

IN THE UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF ARKANSAS 
FAYETTEVILLE DIVISION 
 
CODY SCHAEFER WIEDEMANN PLAINTIFF 
 
v. Case No. 5:26-cv-05060 
 
TRACEY ROBISON; TKHEALTH; DR. DAVID 
SITZES; NURSE CURTIS; NURSE CRYSTAL; 
NURSE WHITNEY; SHERIFF SHAWN HOLLOWAY; 
BENTON COUNTY, ARKANSAS; CAPT. HAROLD GAGE; 
CAPT. ANDY LEE, JR.; CHIEF DEPUTY MEYER GILBERT; 
MAJOR KENNETH PAUL; MAJOR ROBERT BERSI; 
MEDICAL LT. JOHN DOE; LIEUTENANT GREG HOBELMANN; 
LT. KURT BANTA; and LIEUTENANT TYLER ROSS DEFENDANTS 
 
ORDER 
Before the Court is a Report and Recommendation filed on May 5, 2026, by the Honorable 
Spencer G. Singleton, United States Magistrate Judge for the Western District of Arkansas. ECF 
No. 9. Judge Singleton conducted a preservice screening of Plaintiff’s Complaint and found that 
Plaintiff stated a plausible claim for relief for denial of medical care, unconstitutional conditions 
of confinement, and violation of the Americans with Disabilities Act against Defendants Tracey 
Robinson, TKHealth, Sheriff Shawn Holloway, and Benton County, Arkansas. Judge Singleton 
recommends that Plaintiff’s claims against those Defendants proceed. Judge Singleton found that 
Plaintiff did not allege sufficient facts against all other named Defendants and recommends that 
those Defendants be dismissed without prejudice. 
No party has objected to the Report and Recommendation, and the time to do so has passed. 
See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record and that 
Judge Singleton’s reasoning is sound, the Court adopts the Report and Recommendation (ECF No. 
9) in toto. Accordingly, the Court finds that all claims against Defendants Dr. David Sitzes, Nurse 
Curtis, Nurse Crystal, Nurse Whitney, Capt. Harold Gage, Capt. Andy Lee, Jr., Chief Deputy 
Meyer Gilbert, Major Kenneth Paul, M ajor Robert Bersi, Medical Lt. John Doe, Lt. Greg PageID #:
<pageID>
2 
 
Hobelmann, Lt. Kurt Banta, and Lt. Tyler Ross are hereby DISMISSED WITHOUT 
PREJUDICE. The Court finds that Plaintiff’s claims against Defendants Tracey Robinson, 
TKHealth, Sheriff Shawn Holloway, and Benton County, Arkansas, MAY PROCEED. 
IT IS SO ORDERED, this 5th day of June, 2026. 
 /s/ John Thomas Shepherd 
 John Thomas Shepherd 
 United States District Judge PageID #:
<pageID>

Passage view · GavelSight