Terry v. Andrews et al

Filing 36

ORDER adopting 7 23 recommended dispositions; dismissing with prejudice Terry's official capacity claims and dismissing without prejudice his claim that defendant Perry violated prison policy; denying as moot 16 Defendant Kelly's motio n to dismiss; dismissing without prejudice and dismissing from this action Terry's claims against defendants Andrews, Straughn, Dycus, Branch, Woods, and Kelly. An in forma pauperis appeal from this order would not be taken in good faith.. Signed by Judge Brian S. Miller on 10/13/2020. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
DELTA DIVISION
JARELL D. TERRY
v.

PLAINTIFF
2:20-CV-00122-BSM

JEREMY ANDREWS, et al.

DEFENDANTS
ORDER

After careful review of the record, United States Magistrate Judge Joe J. Vole’s
recommended dispositions [Doc. Nos. 7, 23] are adopted. Accordingly, Terry’s official
capacity claims are dismissed with prejudice and his claim that defendant Perry violated
prison policy is dismissed without prejudice. Defendant Kelly’s motion to dismiss [Doc. No.
16] is denied as moot. Terry’s claims against defendants Andrews, Straughn, Dycus, Branch,
Woods, and Kelly are dismissed without prejudice and those defendants are dismissed from
this action.
An in forma pauperis appeal from this order would not be taken in good faith. 28
U.S.C. section 1915(a)(3).
IT IS SO ORDERED this 13th day of October, 2020.

________________________________
UNITED STATES DISTRICT JUDGE