Barnett v. Kelley et al

Filing 40

ORDER adopting 30 the recommended disposition, with the modification that dismissal of 3 Barnett's Complaint is with prejudice; and denying as moot 33 35 38 . Signed by Chief Judge Brian S. Miller on 2/15/2017. (kdr)

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

MATTHEW W. BARNETT
v.

PLAINTIFF

CASE NO. 1:16-CV-00156 BSM

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The recommended disposition (“RD”) submitted by United States Magistrate Judge
Beth Deere [Doc. No. 30] and plaintiff Matthew Barnett’s objections [Doc. No. 36] have
been reviewed. After reviewing the record, which includes Barnett’s motions filed after the
RD was docketed [Doc. Nos. 33, 35, 38], the RD is adopted with the modification that
dismissal is with prejudice. It is worth noting that Barnett’s claims against individual staff
members under Title II of the Americans with Disabilities Act (“ADA”) also fail because
Title II is not actionable against individuals. See, e.g., Turner v. Mull, 997 F. Supp. 2d 985,
997 (E.D. Mo. 2014) (dismissing prison staff members).
Accordingly, Barnett’s complaint [Doc. No. 3] is dismissed with prejudice. All
pending motions are denied as moot.
IT IS SO ORDERED this 15th day of February 2017.

UNITED STATES DISTRICT JUDGE