Burns v. Eaton et al

Filing 10

ORDER granting pltf's request that his claims against defts Burl, Ball, Jackson, and Walker be dismissed without prejudice; Moses Jackson, III, Walker, Todd Ball and Danny Burl terminated. Signed by Judge Susan Webber Wright on 4/6/11. (vjt)

-BD Burns v. Eaton et al

Doc. 10

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION ROY D. BURNS ADC #91713 V. No. 2:11CV00049 SWW-BD DEFENDANTS ORDER Plaintiff Roy D. Burns, an Arkansas Department of Correction inmate, filed this lawsuit pro se under 42 U.S.C. § 1983. In his original complaint, he alleged that Sgt. Eaton used excessive force against him by spraying him with a chemical agent. (Docket entry #2) Mr. Burns, however, failed to state a claim for relief against the other Defendants. Mr. Burns now has filed an amended complaint adding Corporal White as a Defendant and requesting that all Defendants except Sgt. Eaton and Cpl. White be dismissed from the lawsuit. (#6) Mr. Burns's request is GRANTED. His claims against Defendants Burl, Ball, Jackson and Walker are DISMISSED, without prejudice. IT IS SO ORDERED this 6th day of April, 2011.

PLAINTIFF

EDWARD D. EATON, et al.

/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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