Bales et al v. Farguson et al

Filing 76

ORDER adopting 50 Partial Report and Recommendations; dismissing Bales's claims without prejudice; directing the Clerk to terminate him as a party plaintiff; and, directing the Clerk to terminate as party defendants Ferguson, Branscumb, John Doe "Donnie," Moore, Beel, Lawson, and Cockrill. Signed by Judge D. P. Marshall Jr. on 3/22/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

NORTHERN DIVISION

TODD BALES and NOE CARDOZA

PLAINTIFFS

No.l:ll-cv-70-DPM-BD

v.

FERGUSON, Lieutenant, Independence

County Jail; CODY HEDLEY, Jailer, Independence

County Jail; JARRED BRANSCUMB, Jailer,

Independence County Jail; DOES, Stephanie and

Donnie, Independence County Jail; SARAH BRENTLY,

Officer, Independence County Jail; MOORE,

Officer, Independence County Jail; PICKET, Officer,

Independence County Jail; LAUREN GARCIA, Officer,

Independence County Jail; BRITTNEY EAGLEHEART,

Officer, Independence County Jail; BEEL, Officer,

Independence County Jail; ANDY BULLINGTON, Officer,

Independence County Jail; BRITTNEY LAWSON, Officer,

Independence County Jail; SHAY MOORE, Officer,

Independence County Jail; ALAN COCKRILL, Chief of Police;

and DONALD, Officer, Independence County Jail

DEFENDANTS

ORDER

Neither Cardoza nor any other party has objected to Magistrate Judge
Deere's recommended partial disposition, Document No. 50, and the Court
sees no legal error or clear error of fact on the face of the record in the
proposal.

FED. R. CIV. P. 72(b)(3)

(1983 addition to advisory committee notes).

The Court therefore adopts the proposed decision.

Cardoza's loss-of­

property, deliberate indifference, and verbal harassment claims are dismissed
without prejudice. The Court joins Judge Deere's condemnation of the
offensive remarks, but agrees they are not actionable under current precedent.
All of Bales's recent mail from the Court has been returned, but the copy
of Judge Deere's order directing him to amend was not, and the Court
therefore concludes he received it. Thus the dismissal as to him is proper.
Bales's claims are dismissed without prejudice, and the Clerk is directed to
terminate him as a party plaintiff. The Clerk is directed to terminate as party
defendants Ferguson, Branscumb, John Doe "Donnie," Moore, Beel, Lawson,
and Cockrill.

So Ordered.

D.P. Marshall Jr.

United States District Judge

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