Waller v. Maples et al

Filing 20

ORDER ADOPTING 12 Partial Report and Recommendations in their entirety; therefore, pltf's claim that defts Maples and Garcia violated ADC policy is DISMISSED with prejudice; pltf's claims against defts Budnick, Fry, Guy, and Neldon are DISMISSED without prejudice, and they are DISMISSED as party defts; pltf's 8 Motion for Preliminary Injunctive Relief is DENIED. Signed by Judge Susan Webber Wright on 5/13/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION KENNETH L. WALLER ADC #103829 V. PLAINTIFF No. 1:13CV00005-SWW-BD JOHN MAPLES, JR. et al. DEFENDANTS ORDER Magistrate Judge Beth Deere has filed a Partial Recommended Disposition (“Recommendation”) screening Mr. Waller’s amended complaint and addressing Mr. Waller’s motion for preliminary injunctive relief. After a careful review of the Recommendation and the objections, as well as a de novo review of those portions of the record to which the parties object, the Court concludes that the Recommendation should be adopted as this Court’s findings in all respects. Mr. Waller’s claim that Defendants Maples and Garcia violated ADC policy is DISMISSED, with prejudice. In addition, Mr. Waller’s claims against Defendants Budnick, Fry, Guy, and Neldon are DISMISSED, without prejudice, and these individuals are DISMISSED as party Defendants. Mr. Waller’s motion for preliminary injunctive relief (#8) is DENIED. IT IS SO ORDERED this 13th day of May, 2013. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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