Shipman v. Craighead County Detention Center et al

Filing 9

ORDER adopting 5 Proposed Findings and Recommendation in all respects. The Court dismisses without prejudice Mr. Shipman's 1983 claims against separate defendant Craighead County Detention Center. Mr. Shipman's claims against separate defendants K Bowers and Mitts remain pending. Signed by Judge Kristine G. Baker on 8/18/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MATTHEW SHIPMAN
v.

PLAINTIFF
Case No. 3:17-cv-99 KGB/PSH

CRAIGHEAD COUNTY
DETENTION CENTER, et al.

DEFENDANTS
ORDER

Before the Court are the Proposed Findings and Recommendation submitted by United
States Magistrate Judge Patricia S. Harris (Dkt. No. 5). Plaintiff Matthew Shipman has not filed
an objection to the Proposed Findings and Recommendation, and the time to file an objection has
passed.

After careful consideration, the Court determines that the Proposed Findings and

Recommendation should be, and hereby are, adopted as this Court’s findings in all respects. The
Craighead County Detention Center is not an entity subject to suit under 42 U.S.C. § 1983. See
De La Garza v. Kandiyohi Cty. Jail, Corr. Inst., 18 Fed.Appx. 436, 437 (8th Cir. 2001). Pursuant
to this Court’s duty to screen prison complaints under 28 U.S.C. § 1915(e)(2), the Court dismisses
without prejudice Mr. Shipman’s § 1983 claim against separate defendant Craighead County
Detention Center (Dkt. No. 1). Mr. Shipman’s claims against separate defendants K Bowers and
Mitts remain pending.
It is so ordered this the 18th day of August, 2017.

________________________
Kristine G. Baker
United States District Judge