Ybarra v. Arkansas Department of Correction et al

Filing 98

ORDER ADOPTING 94 Partial Report and Recommendations granting in part and denying in part 76 Motion for Summary Judgment filed by Linda Dixon, Leroy Hoots. Plaintiff's claims for money damages against defts Dixon and Hoots in their official capacities are dismissed with prejudice. Her claims against deft Dixon in her individual capacity are dismissed, without prejudice. Ms. Ybarra should be permitted to proceed on her claims against deft Hoots in his individual capacity. Signed by Judge James M. Moody on 4/24/12. (kpr)

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 a Partial Recommended Disposition (“Recommendation”)
from Magistrate Judge Beth Deere. After careful review of the Recommendation, the
timely objections received thereto, 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.
Defendants’ motion for summary judgment (docket entry #76) is GRANTED, in
part, and DENIED, in part. Ms. Ybarra’s claims for money damages against Defendants
Dixon and Hoots in their official capacities are DISMISSED, with prejudice. Her claims
against Defendant Dixon in her individual capacity are DISMISSED, without prejudice.
Ms. Ybarra should be permitted to proceed on her claims against Defendant Hoots in his
individual capacity.
IT IS SO ORDERED, this 24th day of April, 2012.

________________________________
UNITED STATES DISTRICT JUDGE