Winnett v. Earl et al

Filing 40

ORDER ADOPTING 8 Partial Report and Recommendations granting 18 Motion to Amend/Correct. The case will go forward against defts Earl and Taylor individually on plaintiff's retaliation claim. Signed by Judge D. P. Marshall Jr. on 5/22/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION DONALD WINNETT ADC #139544 v. PLAINTIFF No. 2:13-cv-47-DPM-BD DeANGELO M. EARL, Major, East Arkansas Regional Unit, ADC; LORIE A. TAYLOR, Hearing Officer, Arkansas Department of Correction DEFENDANTS ORDER Winnett has objected to Magistrate Judge Beth Deere's recommendation, NQ 8, that the Court dismiss his due process claims without prejudice. On de novo review, FED. R. CIV. P. 72(b)(3), the Court adopts Judge Deere's recommendation as its own opinion. Winnett agrees with Judge Deere's recommendation that the Court dismiss the official-capacity claims, and helpfully moves to clarify that he is suing Earl and Taylor in their individual capacities only. That motion, NQ 18-1, is granted. The case will go forward against Earl and Taylor individually on Winnett's retaliation claim. So Ordered. -2-

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