Jones v. Peterson et al

1
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
BRANDON M. JONES 	PLAINTIFF
v. 	Civil No. 6:23-cv-06116-SOH-MEF
REBEKAH PETERSON
(Correctional Officer, Omega Unit, ACC);
BENJAMIN MARTIN
(Lieutenant, Omega Unit, ACC);
LPN AUNSPAUGH
(Health Services Administrator, Wellpath) 	DEFENDANTS
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
This is a civil rights action filed under 42 U.S.C. § 1983. Pursuant to the provisions of 28
U.S.C. §§ 636(b)(1) and (3), the Honorable Susan O. Hickey, United States District Judge, referred
this case to the undersigned for the purpose of making a Report and Recommendation. Currently
before the Court is the issue of Defendant Aunspaugh’s termination as a Defendant in this case
due to the bankruptcy filing of Wellpath LLC.
I. 	BACKGROUND
Plaintiff filed his Complaint in the Eastern District of Arkansas on November 14, 2023.
(ECF No. 2). 	It was transferred to this District on November 15, 2023. 	(ECF No. 7). 	On
November 27, 2023, the Court entered an Order directing Plaintiff to submit an Amended
Complaint. (ECF No. 12). Plaintiff did so on December 20, 2023. (ECF No. 14). On December
21, 2024, the Court entered a second Order directing Plaintiff to submit an Amended Complaint.
(ECF No. 16.). 	Plaintiff submitted his Second Amended Complaint on January 5, 2024. 	(ECF
No. 17). Defendant Aunspaugh filed a Motion for Summary Judgment on the Issue of Exhaustion
on April 19, 2024. (ECF No. 24). That motion was denied on January 3, 2025. (ECF No. 34).
Case 6:23-cv-06116-SOH-MEF Document 47 Filed 11/19/25 Page 1 of 3 PageID #:
<pageID>

2
On January 15, 2025, Defendant Aunspaugh, a Wellpath LLC employee, filed a Notice of
Bankruptcy by Wellpath LLC and a copy of the Amended Interim Order Enforcing the Automatic
Stay entered by the Honorable Alfredo R. Perez, United States Bankruptcy Judge for the Southern
District of Texas, Houston Division, on November 12, 2024. (ECF No. 36). The bankruptcy case
number is 24-90533 (ARP). 	In the Interim Order, the Stay was extended to Non-Debtor
Defendants. Pursuant to the Bankruptcy Court’s Order, this case was stayed and administratively
terminated on January 16, 2025. (ECF No. 37).
On May 21, 2025, Defendant Aunspaugh filed a Status Report on the Wellpath LLC
bankruptcy proceedings. 	(ECF No. 38). 	The report explained that the Bankruptcy Court had
confirmed the Plan of Reorganization (“Plan”) as of May 9, 2025, and that the previously ordered
litigation stay had been lifted. (Id.); see also In re Wellpath Holdings, Inc., No. 24-90533 (Bankr.
S.D. Tx. May 1, 2025) (ECF No. 2,596). This Court subsequently ordered that the litigation stay
in this case be lifted, and that Defendant Aunspaugh show cause as to the effect of the Plan on
Plaintiff’s claims. (ECF No. 39). Defendant Anspaugh filed a response on June 19, 2025, stating
that the Plan permanently enjoins Plaintiff from commencing or continuing any action against
WellPath, LLC, and that Plaintiff had not yet opted-out of the third-party releases in the Plan with
respect to his individual capacity claims against Defendant Aunspaugh. 	(ECF No. 40). 	They
indicated that Plaintiff had until July 30, 2025, to opt-out of the third-party release. (Id.).
On August 4, 2025, the Court entered an Order directing Plaintiff to complete and submit
a Declaration indicating if he had opted-out of the third-party releases. (ECF No. 43). Plaintiff
submitted his Declaration on August 22, 2025. (ECF No. 46). In it, Plaintiff failed to check Yes
or No as to the opt-out question. Instead, he stated he had not been provided instructions regarding
the Wellpath bankruptcy. (Id. at 1). He did indicate that he had not settled with Wellpath or its
Case 6:23-cv-06116-SOH-MEF Document 47 Filed 11/19/25 Page 2 of 3 PageID #:
<pageID>

3
employees. (Id. at 2). To date, Plaintiff has provided no further information concerning his status
after the Wellpath Bankruptcy.
All pro se filings in the Wellpath Bankruptcy are now being docketed in Wellpath SF
Holdco, LLC, Case No. 24-90566 (ARP). Review of this docket indicates that Plaintiff is not listed
as one of the pro se parties who have opted-out of the third-party releases contained in the Wellpath
Bankruptcy Plan. Accordingly, Plaintiff cannot proceed in this Court for his individual capacity
causes of action against Defendant Aunspaugh, a Wellpath employee.
II. 	CONCLUSION
For the reason discussed above, it is RECOMMENDED that Defendant Aunspaugh be
TERMINATED as a Defendant in this case. Plaintiff’s claims against Defendants Peterson and
Martin should remain for further consideration.
Referral Status: This case should remain referred for all matters not recommended for
dismissal in this Report and Recommendation.
The parties have fourteen (14) days from receipt of the Report and Recommendation
in which to file written objections pursuant to 28 U.S.C. § 636(b)(1). The failure to file timely
objections may result in waiver of the right to appeal questions of fact. 	The parties are
reminded that objections must be both timely and specific to trigger de novo review by the
district court.
DATED this 19th day of November 2025.
/s/
Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
Case 6:23-cv-06116-SOH-MEF Document 47 Filed 11/19/25 Page 3 of 3 PageID #:
<pageID>