McAlphin v. Obi et al, No. 2:2013cv00145 - Document 8 (E.D. Ark. 2013)

Court Description: ORDER adopting 7 proposed findings and recommendations; dismissing without prejudice claims for damages against Defendants in their official capacities; and dismissing without prejudice claims against Kitrell, Delk, Gardner, D' Anna, Corizon, Dunn, Anderson, and May for failure to state a claim. Signed by Judge D. P. Marshall Jr. on 12/04/2013. (rhm)
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McAlphin v. Obi et al Doc. 8 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JAMES MCALPHIN, ADC # 88328 v. PLAINTIFF No. 2:13-cv-145-DPM-JJV N. OBI, Doctor, ADC, EARU; BALL, Doctor, ADC, EARU; G. CAMPBELL, APN, ADC, EARU; KITRELL, Doctor, Psychiatrist, ADC, EARU; JOHN DELK, Doctor of Urology, University Hospital; CHARLOTTE GARDNER, Regional Ombudsman; RICHARD E. D'ANNA, Urologist; CORIZON, Medical Contractor, ADC; DUNN, Nurse; ROLAND ANDERSON, Doctor, ADC Central Office; and LARRY MAY, Assistant Director, ADC DEFENDANTS ORDER The Court has considered Magistrate Judge Joe J. Volpe's proposed findings and recommendations, NQ 7. McAlphin has not objected. After reviewing the proposal for clear factual error and for legal error, FED. R. CIV. P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts it. McAlphin' s claim for damages against Defendants in their official capacities is dismissed without prejudice. McAlphin' s claims against Kitrell, Delk, Dockets.Justia.com Gardner, D' Anna, Corizon, Dunn, Anderson, and May are dismissed without prejudice for failure to state a claim. So Ordered. D.P. Marshall Jr. United States District Judge -2-