Chambers v. Kelley et al

Filing 55

ORDER adopting 39 Partial Recommendation. 4 Motion for preliminary injunctive relief denied. 19 Motion to Dismiss granted in part and denied in part. Chambers's claims for damages against the ADC defendants in their official capacity are d ismissed with prejudice; his claim that Dickerson denied him access to the Courts is dismissed without prejudice; and the motion is denied without prejudice on exhaustion and failure to investigate. Signed by Judge D. P. Marshall Jr. on 11/15/2016. (jak)

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

GARY CHAMBERS
ADC #551596

v.

PLAINTIFF
No. 2:16-cv-121-DPM-BD

WENDY KELLEY, Director, Arkansas
Department of Correction; RAYMOND
NAILOR, Director, Internal Affairs-ADC;
GAYLON LAY, Warden, EARU; DAVID
MILLS, Deputy Warden, EARU Max; DEANGELO
EARLE, Deputy Warden, EARU; WILLIAM
CONNOR, Major, EARU Max; BUTLER,
Medical Provider, EARU; STIEVE, Medical
Provider, EARU; DRUMMOND, Medical
Provider, EARU; and L. DICKERSON, Law
Library Supervisor, EARU

DEFENDANTS

ORDER
Unopposed partial recommendation, Ng 39, adopted. FED. R. Crv. P.
72(b)(1983 addition to advisory committee notes). Motion for preliminary

injunctive relief, Ng 4, denied. Motion to dismiss, Ng 19, granted in part and
denied in part: Chambers's claims for damages against the ADC defendants
in their official capacity are dismissed with prejudice;

his claim that

Dickerson denied him access to the courts is dismissed without prejudice;
and the motion is denied without prejudice on exhaustion and failure to

investigate.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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