Winston v. Etherly et al

Filing 14

ORDER ADOPTING 11 Partial Report and Recommendations and dismissing plaintiff's claims against all defts other than deft Marcus I. Etherly, without prejudice. The names of the other defts as parties should be removed. Signed by Judge James M. Moody on 8/3/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
CHARLES A. WINSTON
ADC #84733
V.

PLAINTIFF

NO: 2:12CV00084 JMM/HDY

MARCUS I. ETHERLY et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge H. David Young. No objections have been filed. After
careful consideration, 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 all of Plaintiff’s claims except for Defendant Marcus
I. Etherly’s alleged use of excessive force on May 5, 2009, and his alleged retaliation on October
23, 2010, and November 1, 2010, are DISMISSED WITHOUT PREJUDICE, and the names of all
Defendants other than Etherly are removed as party Defendants.
DATED this 3rd day of August, 2012.

UNITED STATES DISTRICT JUDGE