Magness v. Kelley et al, No. 4:2019cv00674 - Document 16 (E.D. Ark. 2020)

Court Description: ORDER adopting in part 13 proposed findings and recommendations; and dismissing without prejudice claims against: Wendy Kelley, Nurzuhal Faust, DeAngelo Earl, A. Jackson, Christopher Johnson, M. Hall, Vickie Orr, Jason Gray, Justin Peter, Lt. Carl, Lt. Clark, Mario Trobradovic, Justine Minor, Raymond Naylor, Thomas Rowland, R. K. Wilhite, Cpl. King, Cpl. Merritt, Cpl. Duncan, Cpl. Alexander, and James Ashcraft. Magness's claim against defendant Lt. Malusian is also dismissed without prejudice. Signed by Judge Brian S. Miller on 01/03/2020. (ajt)

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Magness v. Kelley et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JOHN W. MAGNESS ADC #150340 PLAINTIFF v. Case No. 4:19-cv-00674 BSM WENDY KELLEY, et al. DEFENDANTS ORDER The proposed findings and recommendations (“RD”) from United States Magistrate Judge Jerome T. Kearney [Doc. No. 13] has been received. After de novo review of the record, the RD is adopted in part. Magness’s claims against the following defendants are dismissed without prejudice: Wendy Kelley, Nurzuhal Faust, DeAngelo Earl, A. Jackson, Christopher Johnson, M. Hall, Vickie Orr, Jason Gray, Justin Peter, Lt. Carl, Lt. Clark, Mario Trobradovic, Justine Minor, Raymond Naylor, Thomas Rowland, R. K. Wilhite, Cpl. King, Cpl. Merritt, Cpl. Duncan, Cpl. Alexander, and James Ashcraft. Magness’s claim against defendant Lt. Malusian is also dismissed without prejudice because Magness’s second amended complaint [Doc. No. 12] limits his allegations to those of failure to investigate against defendants Griffin, Payne, and Jason Kelley. IT IS SO ORDERED this 3rd day of January 2020. UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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