Winston v. Burl et al

Filing 12

ORDER adopting as modified and supplemented 8 Partial Findings and Recommendations. Plaintiff has not pleaded § 1983 claims; he has, instead, pleaded state law claims for conversion. Winston's potential remedy, if any at this date, is at the Claims Commission. Signed by Judge D. P. Marshall Jr. on 5/14/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
CHARLES A. WINSTON,
ADC#84733

v.

PLAINTIFF

No. 2:14-cv-1-DPM-JTK

DANNY BURL, Warden, East Arkansas
Regional Unit; DEXTER PAYNE, Deputy
Warden of Operation, East Arkansas
Regional Unit; TODD BALL, Deputy
Warden of Security, East Arkansas
Regional Unit; WALTON, Mailroom
Supervisor, East Arkansas Regional Unit;
ESTATE OF BARBARA ESTER, Property
Supervisor, East Arkansas Regional Unit;
and LYNETTE DICKERSON, Property
Supervisor, East Arkansas Regional Unit

DEFENDANTS

ORDER
Opposed recommendation, NQ

8,

adopted

as modified and

supplemented. FED. R. CN. P. 72(b)(3). Winston says that defendants lost or
destroyed his personal property. Most of the claims are probably untimely.
In any event, he has not pleaded § 1983 claims; he has, instead, pleaded statelaw claims for conversion. Winston's potential remedy, if any at this date, is
at the Claims Commission. Hudson v. Palmer, 468 U.S. 517,533 (1984); Willis
Smith and Co., Inc. v. Arkansas, 548 F.3d 638, 640 (8th Cir. 2008).

So Ordered.

D.P. Marshall J/.
United States District Judge

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