Gates v. Hobbs et al

Filing 114

ORDER ADOPTING 110 Partial Report and Recommendations granting in part and denying in part 91 Motion for Partial Summary Judgment filed by Loretha A Bell, James Bell, Janice Buford, Charlene Bogan, Marcus Sackville, Tom Ball. Plaintiff's cl aims against defts Ball, Sackville, and Buford are dismissed without prejudice. Gates may proceed with his claims for monetary damages against defts Bogan, Loretha Bell, and James Bell in their official capacities, and his claims for injunctive and declaratory relief against defts Bogan, Loretha Bell, and James Bell in their official capacities. Signed by Judge D. P. Marshall Jr. on 7/14/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

ERCIL K. GATES

ADC #143759

v.

PLAINTIFF

Case No. 2:10-cv-77-DPM-JTR

TOM BALL, CHARLENE BOGAN,

LORETHA A. BELL, MARCUS SACKVILLE,

JAMES BELL, and JANICE BUFORD

DEFENDANTS

ORDER
The Court has considered Magistrate Judge J. Thomas Ray's Proposed
Findings and Recommended Partial Disposition, Document No. 110. No one
has objected. Having reviewed the proposal for clear errors of fact on the face
of the record, FED. R. ClV. P. 72(b) (advisory committee notes to 1983 addition),
and for legal error, the Court adopts the excellent proposal as its own. Motion
for summary judgment by Tom Ball, Charlene Bogan, Loretha A. Bell, Marcus
Sackville, James Bell, and Janice Buford, Document No. 91, is granted in part
and denied in part.
Gates's claims against Defendants Ball, Sackville, and Buford are
dismissed without prejudice for failure to properly exhaust administrative

remedies as to them. Gates's claims for monetary damages against
Defendants Bogan, Loretha Bell, and James Bell in their official capacities are
dismissed with prejudice.
Gates may proceed with (1) his claims for monetary damages against
Defendants Bogan, Loretha Bell, and James Bell in their individual capacities,
and (2) his claims for injunctive and declaratory relief against Defendants
Bogan, Loretha Bell, and James Bell in their official capacities.
So Ordered.

D.P. Marshall Jr.

United States District Judge

illuly 2011

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