Everett v. Hunt et al, No. 3:2020cv00256 - Document 17 (E.D. Ark. 2020)

Court Description: ORDER adopting 5 proposed findings and recommendations in all respects; allowing Mr. Everett to proceed with his excessive force, sexual assault, and failure to protect claims against defendants Hunt, Droz, Labouf, Jackson, and Payne in their indiv idual capacities only; dismissing with prejudice Mr. Everrett's official capacity claims seeking monetary relief only, and dismissing, without prejudice, all other claims raised in 4 amended complaint. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 10/21/2020. (ajt)

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Everett v. Hunt et al Doc. 17 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION CHRISTOPHER EVERETT ADC #152664 v. PLAINTIFF Case No. 3:20-cv-00256-KGB-JJV HUNT, Sergeant, NCU, et al. DEFENDANTS ORDER The Court has reviewed the proposed findings and recommendations submitted by United States Magistrate Judge Joe J. Volpe (Dkt. No. 5). Plaintiff Christopher Everett has not objected, and the time for filing objections has passed. After careful review, the Court adopts the proposed findings and recommendations as its findings in all respects. Therefore, Mr. Everett may proceed with his excessive force, sexual assault, and failure to protect claims against defendants Hunt, Droz, Labouf, Jackson, and Payne in their individual capacities only. Mr. Everett’s official capacity claims seeking monetary relief only are dismissed with prejudice, and all other claims raised in the amended complaint (Dkt. No. 4) are dismissed without prejudice. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3). So ordered this 21st day of October, 2020. __________________________________ Kristine G. Baker United States District Judge Dockets.Justia.com

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