Pickens v. Jackson et al

Filing 247

ORDER ADOPTING 243 Partial Report and Recommendations and granting in part and denying in part 227 Motion for Summary Judgment. Plaintiffs' claims against defts Leslie Dover, Ray Hobbs, Greg Harmon, and Wendy Kelley are dismissed without prejudice. Signed by Chief Judge J. Leon Holmes on 4/26/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MICHAEL GLENN PICKENS, ADC #91738 v. PLAINTIFF NO. 2:09CV00081 JLH MOSES JACKSON, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by Magistrate Judge H. David Young, and the objections filed. After carefully considering the objections and making a de novo review of the record in this case, the Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. IT IS THEREFORE ORDERED THAT: 1. Defendants’ motion for summary judgment is GRANTED IN PART and DENIED IN PART. Document #227. 2. Defendants’ motion is GRANTED with respect to Plaintiff’s claims for monetary damages against them in their official capacities, and all such claims are DISMISSED WITH PREJUDICE. 3. Defendants’ motion is GRANTED with respect to Plaintiff’s claims against Defendants Leslie Dover, Ray Hobbs, Greg Harmon, and Wendy Kelley; all of Plaintiff’s personal capacity claims against them are DISMISSED WITHOUT PREJUDICE, and the names of Dover, Hobbs, Harmon, and Kelley are removed as party defendants. 4. Defendants’ motion is DENIED with respect to Plaintiff’s claims against Defendants Moses Jackson, Marion Beard, and Jeremy Andrews, in their personal capacities. IT IS SO ORDERED this 26th day of April, 2012. J. LEON HOLMES UNITED STATES DISTRICT JUDGE 2

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