Powers v. Hobbs et al

Filing 28

ORDER: On de novo review, the Court adopts the partial recommendation, 18 , and overrules Powers's objection, 26 . Defendants' motion to dismiss, 11 , is granted in part and denied in part. Powers's claims against all defendants in their official capacities are dismissed with prejudice. His claims against Hobbs, Burl, and Dover are dismissed without prejudice for lack of exhaustion. Powers may proceed with his claims against Parsons, individually. Signed by Judge D. P. Marshall Jr. on 6/4/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
THOMAS W. POWERS
ADC #138358
v.

PLAINTIFF
No. 2:15-cv-19-DPM-BD

RAY HOBBS, Director, ADC; DANNY BURL,
Warden East Arkansas Regional Unit; DOVER,
Maintenance Supervisor, East Arkansas
Regional Unit; and MATTHEW PARSONS,
Corporal, Maintenance Department at East
Arkansas Regional Unit

DEFENDANTS

ORDER
On de novo review, the Court adopts the partial recommendation, NQ 18,
and overrules Powers's objection, NQ 26. FED. R. CIV. P. 72(b)(3). Defendants'
motion to dismiss, NQ 11, is granted in part and denied in part. Powers's
claims against all the defendants in their official capacities are dismissed with
prejudice. His claims against Hobbs, Burl, and Dover are dismissed without
prejudice for lack of exhaustion. Powers may proceed with his claims against
Parsons, individually.
So Ordered.

D.P. Marshall Jr.
United States District Judge