Winnett v. Bray et al

Filing 121

ORDER approving and adopting the 115 Partial Recommended Disposition as this Court's findings in all respects; and granting in part and denying in part the 68 motion to dismiss filed by separate defendants Dean Yancey and Arlen Parham. Signed by Judge Kristine G. Baker on 12/2/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DONALD F. WINNETT
ADC #139544
v.

PLAINTIFF
Case No. 2:16-cv-00013-KGB-BD

ALEX BRAY, et al.

DEFENDANTS
ORDER

The Court has received and reviewed a Partial Recommended Disposition filed by United
States Magistrate Judge Beth Deere (Dkt. No. 115). After careful review of plaintiff Donald
Winnett’s timely objections, as well as a de novo review of the record, the Court concludes that
the Partial Recommended Disposition should be, and hereby is, approved and adopted as this
Court’s findings in all respects (Dkt. No. 115).
The motion to dismiss filed by separate defendants Dean Yancey and Arlen Parham is
granted in part and denied in part (Dkt. No. 68). To the extent that Mr. Yancey and Mr. Parham
move to dismiss Mr. Winnett’s claims under the First Amendment and the Religious Land Use
and Institutionalized Persons Act of 2000, 42 U.S.C.A. §§ 2000cc, et seq., their motion is denied.
To the extent that Mr. Yancey and Mr. Parham move to dismiss Mr. Winnett’s claims for money
damages against them in their official capacities, their motion is granted. Mr. Winnett’s claims
for injunctive relief against Mr. Yancey and Mr. Parham in their official capacities may proceed.
Dated this 2nd day of December, 2016.
_______________________________
Kristine G. Baker
United States District Judge