Barnett v. Kelley et al

Filing 13

ORDER 6 adopting the partial recommended disposition, and dismissing with prejudice Barnett's section 1983 claim against the unit. This matter is returned to the magistrate judge to asses whether Barnett's claim against the unit under the American with Disabilities Act survives screening and whether service is appropriate. Signed by Chief Judge Brian S. Miller on 11/28/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
MATTHEW W. BARNETT
ADC #135607
v.

PLAINTIFF

CASE NO. 1:16-CV-00156 BSM

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The partial recommended disposition (“PRD”) submitted by United States Magistrate
Judge Beth Deere [Doc. No. 6] recommended dismissing plaintiff Matthew Barnett’s 42
U.S.C. § 1983 claim against the Grimes Correctional Unit. Barnett’s objections do not
challenge this recommended dismissal, but instead focus on whether he alleged a proper
Americans with Disabilities Act claim against the unit. After reviewing the record, the PRD
is adopted, and Barnett’s section 1983 claim against the unit is dismissed with prejudice.
The matter is returned to the magistrate judge to assess whether Barnett’s claim
against the unit under the Americans with Disabilities Act survives screening and whether
service is appropriate.
IT IS SO ORDERED this 28th day of November 2016.

________________________________
UNITED STATES DISTRICT JUDGE