Nation v. Dickerson et al

Filing 34

ORDER dismissing with prejudice Nation's remaining claims against Lay and Kelley. Signed by Chief Judge Brian S. Miller on 4/20/2017. (mef)

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

CLOYD NATION,
ADC #144536
v.

PLAINTIFF

CASE NO. 2:16-CV-00134 BSM

DICKERSON, et al.

DEFENDANTS
ORDER

On April 14, 2017, the defendants’ motion to dismiss plaintiff Cloyd Nation’s access
to courts claim was granted. Doc. No. 33 (rejecting recommended disposition and granting
motion to dismiss). As defendants’ brief in support explained, after the access to courts
claim is dismissed, the related claims against defendants Lay and Wendy Kelley for failing
to take corrective action after receiving notice that Nation’s right to access the courts was
being impeded should be dismissed. See Doc. No. 2 at 8. Indeed, without the access to
courts claim, Lay and Kelley cannot be liable. See Choate v. Lockhart, 7 F.3d 1370, 1376
(8th Cir. 1993) (“Moreover, [defendant] did not fail to take ‘corrective action’ for
constitutional violations here because there were no predicate violations to correct in the first
place.”).
Accordingly, Nation’s remaining claims against Lay and Kelley are also dismissed
with prejudice.
IT IS SO ORDERED this 20th day of April 2017.

-1-

UNITED STATES DISTRICT JUDGE

-2-