Brooks v. Meadough et al, No. 4:2016cv00847 - Document 35 (E.D. Ark. 2017)

Court Description: ORDER approving and adopting the 24 Proposed Findings and Recommendations as this Court's findings in all respects; dismissing Defendant Foote from this cause of action without prejudice for Mr. Brooks's failure to exhaust his administrat ive remedies; granting 9 Defendants Meadough and Laminack's motion to dismiss with respect to Mr. Brooks's claims 1, 3, 4, and 7; denying 9 Defendants Meadough and Laminack's motion to dismiss with respect to Mr. Brooks's clai ms 2, 5, and 6; denying 18 Defendant Jones's motion to dismiss; and directing the Clerk to amend the docket to reflect the correct spelling for defendants Jason Meadough, Daniel Laminack, and Maxcie Foote. Signed by Judge Kristine G. Baker on 9/13/2017. (mef)
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Brooks v. Meadough et al Doc. 35 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MICHAEL K. BROOKS ADC #142122 v. PLAINTIFF Case No. 4:16-cv-00847 KGB/JJV JAMES MEADOUGH, Sergeant, Wrightsville Unit, et al DEFENDANTS ORDER The Court has received Proposed Findings and Recommendations from United States Magistrate Judge Joe J. Volpe (Dkt. No. 24). Plaintiff Michael K. Brooks has filed no objections to the Proposed Findings and Recommendations, and the time to do so has passed. After careful review of the Proposed Findings and Recommendations, the Court concludes that the Proposed Findings and Recommendations should be, and hereby are, approved and adopted as this Court’s findings in all respects. It is therefore ordered that: 1. Defendant Foote is dismissed from this cause of action without prejudice for Mr. Brooks’s failure to exhaust his administrative remedies before filing suit against him. 2. Defendants Meadough and Laminack’s motion to dismiss is granted with respect to Mr. Brooks’s claims 1, 3, 4, and 7 (Dkt. No. 9). 3. Defendants Meadough and Laminack’s motion to dismiss is denied with respect to Mr. Brooks’s claims 2, 5, and 6 (Dkt. No. 9). 4. Defendant Jones’s motion to dismiss is denied (Dkt. No. 18). 5. The Clerk shall amend the docket to reflect the correct spelling for defendants Jason Meadough, Daniel Laminack, and Maxcie Foote. Dockets.Justia.com So ordered this 13th day of September, 2017. ________________________________ Kristine G. Baker United States District Judge 2