James v.McCann et al

Filing 90

ORDER ADOPTING 68 PARTIAL REPORT AND RECOMMENDATIONS. Joint report on the estimated length of trial, number of witnesses, and consent (or not) to trial before Magistrate Judge Young due by 31 May 2013. Because of the need to handle other older cases first, a trial before me is unlikely for about a year or so. Signed by Judge D. P. Marshall Jr. on 05/16/2013. (jak)

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

JOSHUAL JAMES
ADC # 148176

v.

No. 3:12-cv-122-DPM-HDY

JACK McCANN; JOHN SMITH,
Administrator, Craighead County Jail;
JEREMY SPARKS, Lietenant, Assistant
Administrator, Craighead County Jail;
MATTHEW KIRBY; BROCK McFARLIN; and
WILLIAM McGEE

DEFENDANTS

ORDER
Only James has objected to Magistrate Judge H. David Young's
recommendation, NQ 68, that the Court dismiss all official-capacity claims;
. dismiss James's individual-capacity claims against McCann, Smith, and
Sparks; and allow James to proceed with his individual-capacity claims
against Kirby, McFarlin, and McGee. On de novo review, FED. R. CIV. P.
72(b)(3), the Court adopts Judge Young's recommendation as its own opinion.
Joint report on the estimated length of trial, number of witnesses, and
consent (or not) to trial before Magistrate Judge Young due by 31 May 2013.
Because of the need to handle other older cases first, a trial before me is
unlikely for about a year or so.

So Ordered.

D.P. Mars all Jr.
United States District Judge

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