Moss v. Corizon CMS et al

Filing 78

ORDER ADOPTING AS SUPPLEMENTED 63 PARTIAL REPORT AND RECOMMENDATIONS. All claims against defendant Young are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 2/18/2014. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JOHN T. MOSS, ADC #79311 v. PLAINTIFF No. 2:13-cv-117-DPM-HDY CORIZON INC.; RICK HALLWORTH, Corizon; KEVIN BILE, Corizon; J.M. COURTNEY, Corizon; JACK DAVIDSON, Doctor, Corizon; PEARSON, Doctor, Corizon; OJIUGO IKO, Doctor, Corizon; ROLAND ANDERSON, Doctor, Corizon; JENNIFER MCBRIDE, Corizon; CONNIE HUBBARD, Nurse, Corizon; JOE ANN BURNETT, Nurse, Corizon; LARRY MAY, ADC; WENDY KELLY, ADC; GRANT HARRIS, ADC; JIMMY BANKS, ADC; DARYL GOLDEN, ADC; YOLANDA CLARK, Captain, ADC; BRADLEY, Lieutenant, ADC; BARROW, Lieutenant, ADC; DONALD TATE, Sergeant, ADC; YOUNG, Sergeant, ADC; MADDEN, Sergeant, ADC; C. JONES, Sergeant, ADC; DARYL GARDNER, Sergeant, ADC; THOMPSON, Sergeant, ADC; TURNER, Correctional Officer, ADC; RAYFORD, Correctional Officer, ADC; POWELL, Correctional Officer, ADC; KNIGHT, Correctional Officer, ADC; S. HUDSON, Correctional Officer, ADC; K. AUSTON, Correctional Officer, ADC; BRANDI HUDGENS, Correctional Officer, ADC; MOTON, Correctional Officer, ADC; CHRISTOPHER SHORTER, Correctional Officer, ADC; TELICIA DOBBS, Correctional Officer, ADC; LOUIS, Correctional Officer, ADC; and SHABAZE, Correctional Officer, ADC DEFENDANTS ORDER Unopposed recommendation, Ng 63, adopted as supplemented. FED. R. CIV. P. 72(b)(3) (1983 addition to advisory committee notes). While Sergeant Young perhaps could be identified eventually, Moss has pleaded only a conclusion about what Young supposedly did, Ng 2 at 57, 60, & 61, unlike the specific allegations about many others. Compare Munz v. Parr, 758 F.2d 1254, 1257 (8th Cir. 1985). All claims against Young are therefore dismissed without prejudice. So Ordered. D.P. Marshall Jr. United States District Judge -2-

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