Mumit v. Lay et al
ORDER adopting the 19 Partial Recommended Disposition in its entirety as my findings in all respects; granting in part and denying in part 12 Defendants' Motion to Dismiss; dismissing with prejudice Plaintiff's claims against Defendant s in their official capacity; dismissing without prejudice his claims against Defendants Lay and Reed in their individual capacity; dismissing without prejudice Plaintiff's First Amendment claim against the John Doe Defendant and dismissing with prejudice his Due Process claim; and allowing Plaintiff to proceed on his First Amendment claim against Defendant Dickerson in her individual capacity. Signed by Judge Billy Roy Wilson on 5/16/2017. (mef)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
GAYLON LAY, et al.
I have received a Partial Recommended Disposition (ARecommendation@) from
Magistrate Judge Beth Deere.
doing so has passed.1
The parties have not filed objections and the time for
After careful review of the Recommendation, I adopt the
Recommendation in its entirety as my findings in all respects.
Accordingly, Defendants= Motion to Dismiss (Doc. No. 12) is GRANTED in part,
and DENIED in part. Plaintiff=s claims against Defendants in their official capacity are
DISMISSED with prejudice. His claims against Defendants Lay and Reed in their
individual capacity are DISMISSED without prejudice. Additionally, Plaintiff=s First
Amendment claim against the John Doe Defendant is DISMISSED without prejudice, and
his Due Process claim is DISMISSED with prejudice. In fine, Plaintiff may proceed on
his First Amendment claim against Defendant Dickerson in her individual capacity.
IT IS SO ORDERED, this 16th day of May, 2017.
/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE
Objections were due Friday, May 12, 2017.
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