Ybarra v. Arkansas Department of Correction et al

Filing 13

ORDER approving and adopting 10 Partial Recommended Disposition; denying 12 Plaintiff's Motion to Amend Complaint; dismissing with prejudice Ms. Ybarra's due process claim against Defendant Dixon; and, dismissing without prejudice Ms. Ybarra's state law tort claims of assault and battery against Defendant Dixon. Signed by Judge James M. Moody on 8/16/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION AMBER YBARRA ADC # 710487 V. PLAINTIFF CASE NO. 1:11CV00057 JMM/BD ARKANSAS DEPARTMENT OF CORRECTION, et al. DEFENDANTS ORDER The Court has received the Partial Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the recommendation, the timely objections received thereto1, as well as a de novo review of the record, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court’s findings in all respects. Ms. Ybarra’s due process claim against Defendant Dixon is DISMISSED with prejudice and her state law tort claims of assault and battery against Defendant Dixon are DISMISSED without prejudice. Her claims against the Arkansas Department of Correction are DISMISSED with prejudice. Further, Plaintiff’s Motion to Amend her Complaint (Docket # 12) is DENIED because it is futile. See Fed. R. Civ. P. 15(a); Becker v. Univ. Of Neb. at Omaha, 191 F.3d 904, 907-08 (8th Cir. 1999). 1 The Court has considered Plaintiff’s Motion to Amend her Complaint as an objection to the Partial Recommended Disposition because Plaintiff attempts to include a due process claim against Defendants Hoot and Dixon in the Amended Complaint. IT IS SO ORDERED, this 16th day of August , 2011. ________________________________ UNITED STATES DISTRICT JUDGE

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