Kemp v. Huffman et al

Filing 50

ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 49 and granting the 36 Motion for Summary Judgment. The Court dismisses all claims against defts Noell, Page, Maples, Evans, and Hobbs; dismisses Kemp's official-capacity claim against Huffman; and allows Kemp to proceed with his individual-capacity claim against Huffman. Signed by Judge D. P. Marshall Jr. on 5/16/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

PLAINTIFF

MARVIN L. KEMP
ADC# 146411

v.

No. 1:12-cv-1-DPM-HDY

NATHAN HUFFMAN, Sergeant,
Grimes Unit, ADC; JONATHON NOELL,
Lieutenant, Grimes Unit, ADC; JOE PAGE III,
Assistant Warden, Grimes Unit, ADC;
JOHN MAPLES, Warden, Grimes Unit,
ADC; MARVIN EVANS, Deputy Director, ADC;
and RAY HOBBS, Director, ADC

DEFENDANTS

ORDER
No one has objected to Magistrate Judge H. David Young's
recommendation, NQ 49, that the Court dismiss all claims against Noell, Page,
Maples, Evans, and Hobbs; dismiss Kemp's official-capacity claim against
Huffman; and allow Kemp to proceed with his individual-capacity claim
against Huffman. Reviewing for clear factual error and legal error, FED. R.
CIV. P. 72(b) (1983 addition to Advisory Committee Note), the Court adopts
the recommendation as its own opinion.

So Ordered.

D.P. Marshall Jr. t/
United States District Judge

-2-