Koontz v. Payne et al

Filing 19

ORDER adopting 12 partial recommendation; Koontz's timely due process claims against Director Payne, Deputy Director Straughn, Deputy Director Reed, Warden Richardson, Deputy Warden Christopher Johnson, and Warden Jackson go forward; his other claims are dismissed without prejudice and the Clerk is directed ot terminate Lay, Owen, Gray, D. Johnson, Major Allison, Major Scott Taylor, Judy Taylor, Bell, and the Does as defendants in this case. Any in forma pauperis appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 8/30/2024. (jak)Notice: The terminated party will no longer receive filing notifications through CM/ECF. To continue receiving filing notifications, email the Clerk of Court and request reinstatement. Please refer to the CM/ECF Administrative Policies and Procedures for Civil Filings for information about when a terminated party must be served.

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DELTA DIVISION
MORRIS B KOONTZ
ADC #115260
v.

PLAINTIFF
No. 2:24-cv-54-DPM-JJV

DEXTER PAYNE, Director, ADC;
WILLIAM STRAUGHN, Deputy Director,
ADC; MOSES JACKSON, Warden,
EARU, ADC; GAYLON LAY, Warden,
Pine Bluff Unit, ADC; TIMOTHY OWEN,
Mental Health Supervisor, WellPath,
EARU, ADC; GRAY, Former Doctor,
WellPath, EARU, ADC; D. JOHNSON,
Former Mental Health Counselor,
WellPath, EARU, ADC; MARK
RICHARDSON, Warden, EARU Max
Unit, ADC; TYRONE ALLISON, Major,
EARU, ADC; SCOTT TAYLOR, Major,
EARU Max Unit, ADC; M. DALE REED,
Deputy Director, ADC; JUDY TAYLOR,
PREA Coordinator, ADC; DOES, ADC;
CHRISTOPHER JOHNSON, Deputy
Warden, EARU, ADC; and SHIRLEY
BELL, Kitchen Commander, EARU, ADC

DEFENDANTS

ORDER
On de nova review, the Court adopts Magistrate Judge Volpe's
partial recommendation, Doc. 12, and overrules Koontz's objections,
Doc. 13.

Fed. R. Civ. P. 72(b)(3).

Koontz's "class-of-one" equal

protection claim is improper in this type of case.

See Doc. 23 in

McDonald v. Golden, Case No. 1:17-cv-66-DPM (E.D. Ark. 4 July 2018);
report and recommendation adopted, Doc. 25 in Case. No. 1:17-cv-66-DPM

(E.D. Ark. 21 August 2018). Even if it were proper, Koontz hasn't
pleaded enough facts to state a claim. Robbins v. Becker, 794 F.3d 988,
996 (8th Cir. 2015).
Koontz's timely due process claims against Director Payne,
Deputy Director Straughn, Deputy Director Reed, Warden Richardson,
Deputy Warden Christopher Johnson, and Warden Jackson go forward.
His other claims are dismissed without prejudice. The Court directs the
Clerk to terminate Warden Lay, Owen, Gray, D. Johnson, Major
Allison, Major Scott Taylor, Judy Taylor, Bell, and the Does as
defendants in this case. Any in forma pauperis appeal from this Order
would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.
V

D.P. Marshall Jr.
United States District Judge
3o A-v'q,ys+
u

-2-

;JJJ::J.. t.f