Ellis v. Haynes

Filing 18

ORDER ADOPTING 12 Partial Proposed Findings and Recommendations. Defendants Haynes, Kayne, Hoy, Graham, Ward and Cook are DISMISSED, for failure to state a claim upon which relief may be granted. Signed by Judge James M. Moody Jr. on 11/21/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ANTHONY ELLIS,
REG #22149-076
v.

PLAINTIFF
2:14CV00094-JM-JTK

ANTHONY HAYNES, et al.

DEFENDANTS
ORDER

The Court has received proposed findings and recommendations from United States Magistrate
Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the
timely objections received thereto, as well as a de novo review of the record, the Court adopts them
in their entirety. In his Objections, Plaintiff claims that he named Anthony Haynes because he was the
Warden of FCI Forrest City and all staff was under his supervision. Plaintiff claims that he named
Thomas Kayne because he was the Director of the Bureau of Prisons and all employees acted under his
direction. However, supervisors are not liable for Eighth Amendment violations based upon a
respondeat superior theory. Choate v. Lockhart, 7 F.3d 1370 (1993). Plaintiff’s allegations regarding
Defendants Ward, Graham, and Cook, if taken as true, do not amount to a constitutional violation or
a violation of the Americans with Disabilities Act.
Accordingly, IT IS, THEREFORE, ORDERED that Defendants Haynes, Kayne, Hoy,
Graham, Ward, and Cook are DISMISSED, for failure to state a claim upon which relief may be
granted.
IT IS SO ORDERED this 21st day of November, 2014.

______________________________________
JAMES M. MOODY, JR.
UNITED STATES DISTRICT JUDGE

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