Hastings v. May et al

Filing 24

ORDER ADOPTING 13 the proposed findings and partial recommended disposition; dismissing Defendant May for plaintiff's failure to state a claim on which relief may be granted; dismissing the allegation of failure to protect on 11/14/2009, against defendant Smith; and dismissing monetary claims against defendants in their official capacities. Signed by Chief Judge Brian S. Miller on 12/28/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MICHAEL HASTINGS
ADC #110772
v.

PLAINTIFF
CASE NO. 2:12CV00200 BSM

BOBBY MAY, Sheriff, St.
Francis County et al.

DEFENDANTS
ORDER

The proposed findings and partial recommended disposition submitted by United
States Magistrate Judge Joe J. Volpe and the objections filed by plaintiff have been reviewed.
After carefully considering the objections and making a de novo review of the record, it is
concluded that the proposed findings and partial recommended disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendant May is dismissed for plaintiff’s failure to state a claim on which

relief may be granted.
2.

The allegation of failure to protect on November 14, 2009, against defendant

Smith is dismissed.
3.

Monetary claims against defendants in their official capacities are dismissed.

DATED this 28th day of December 2012.

________________________________
UNITED STATES DISTRICT JUDGE