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)

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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

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