Montgomery v. Payne et al

Filing 14

ORDER approving and adopting the 6 proposed findings and recommended partial disposition; dismissing plaintiff's claims against Sargent B. Woodward for failure to state a claim on which relief may be granted; and dismissing him as a defendant in this action. To the extent that plaintiff seeks his early release, such relief is not available under § 1983. Signed by Chief Judge Brian S. Miller on 2/7/2013. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JOHNATHAN MONTGOMERY
ADC #145493
v.

PLAINTIFF

CASE NO. 2:12CV00236 BSM

D. PAYNE, Warden, East Arkansas
Regional Unit, ADC et al.

DEFENDANTS
ORDER

The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge Joe J. Volpe have been reviewed. No objections have been filed.
After careful consideration, it is concluded that the proposed findings and recommended
partial disposition should be, and hereby are, approved and adopted in their entirety in all
respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s claims against Sargent B. Woodard are dismissed for failure to state

a claim on which relief may be granted and he is dismissed as a defendant in this action.
2.

To the extent that plaintiff seeks his early release, such relief is not available

under § 1983.
DATED this 7th day of February 2013.

UNITED STATES DISTRICT JUDGE