Winston v. Burl et al, No. 2:2014cv00001 - Document 12 (E.D. Ark. 2014)
Court Description: ORDER adopting as modified and supplemented 8 Partial Findings and Recommendations. Plaintiff has not pleaded § 1983 claims; he has, instead, pleaded state law claims for conversion. Winston's potential remedy, if any at this date, is at the Claims Commission. Signed by Judge D. P. Marshall Jr. on 5/14/2014. (jak)
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Winston v. Burl et al Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHARLES A. WINSTON, ADC#84733 v. PLAINTIFF No. 2:14-cv-1-DPM-JTK DANNY BURL, Warden, East Arkansas Regional Unit; DEXTER PAYNE, Deputy Warden of Operation, East Arkansas Regional Unit; TODD BALL, Deputy Warden of Security, East Arkansas Regional Unit; WALTON, Mailroom Supervisor, East Arkansas Regional Unit; ESTATE OF BARBARA ESTER, Property Supervisor, East Arkansas Regional Unit; and LYNETTE DICKERSON, Property Supervisor, East Arkansas Regional Unit DEFENDANTS ORDER Opposed recommendation, NQ 8, adopted as modified and supplemented. FED. R. CN. P. 72(b)(3). Winston says that defendants lost or destroyed his personal property. Most of the claims are probably untimely. In any event, he has not pleaded ยง 1983 claims; he has, instead, pleaded statelaw claims for conversion. Winston's potential remedy, if any at this date, is at the Claims Commission. Hudson v. Palmer, 468 U.S. 517,533 (1984); Willis Smith and Co., Inc. v. Arkansas, 548 F.3d 638, 640 (8th Cir. 2008). Dockets.Justia.com So Ordered. D.P. Marshall J/. United States District Judge -2-
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