McAlphin v. Obi et al

Filing 8

ORDER adopting 7 proposed findings and recommendations; dismissing without prejudice claims for damages against Defendants in their official capacities; and dismissing without prejudice claims against Kitrell, Delk, Gardner, D' Anna, Corizon, Dunn, Anderson, and May for failure to state a claim. Signed by Judge D. P. Marshall Jr. on 12/04/2013. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

JAMES MCALPHIN,
ADC # 88328

v.

PLAINTIFF

No. 2:13-cv-145-DPM-JJV

N. OBI, Doctor, ADC, EARU; BALL,
Doctor, ADC, EARU; G. CAMPBELL,
APN, ADC, EARU; KITRELL, Doctor,
Psychiatrist, ADC, EARU; JOHN DELK,
Doctor of Urology, University Hospital;
CHARLOTTE GARDNER, Regional
Ombudsman; RICHARD E. D'ANNA,
Urologist; CORIZON, Medical Contractor,
ADC; DUNN, Nurse; ROLAND ANDERSON,
Doctor, ADC Central Office; and LARRY
MAY, Assistant Director, ADC

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Joe J. Volpe's proposed
findings and recommendations, NQ 7. McAlphin has not objected. After
reviewing the proposal for clear factual error and for legal error,

FED.

R. CIV.

P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts it.
McAlphin' s claim for damages against Defendants in their official capacities
is dismissed without prejudice. McAlphin' s claims against Kitrell, Delk,

Gardner, D' Anna, Corizon, Dunn, Anderson, and May are dismissed without
prejudice for failure to state a claim.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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