Spears v. Cook et al

Filing 17

ORDER adopting 6 Partial Recommendation as modified and sustaining Spears's 6 objection. McDermott, Rainey, and Malone defendants are dismissed without prejudice. The claims against Hicks, Cook, Harris, Whitfield, Stipanuk, and Stankiewicz proceed. Signed by Judge D. P. Marshall Jr. on 10/31/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMES SPEARS, JR.
v.

PLAINTIFF
No. 3:17-cv-235-DPM-BD

DALE COOK, Sheriff, Mississippi
County; ANDREW HARRIS, Major,
Mississippi County Detention Center;
CLAYBURN HICKS, Captain, Mississippi
County Detention Center; LUTHER
WHITFIELD, Lieutenant, Mississippi
County Detention Center; STIPANUK,
Doctor, Mississippi County Detention
Center; KRIS STANKIEWICZ, Nurse,
Mississippi County Detention Center;
RONNIE McDERMOTT, Sergeant,
Mississippi County Detention Center;
SHAWN RAINEY, Jailer, Mississippi
County Detention Center; MATT MALONE,
Deputy, Mississippi County Detention Center;
and JOHN DOE, Deputy, Mississippi
County Detention Center

DEFENDANTS

ORDER
On de nova review, the Court sustains Spears' s objection, NQ 8, and
adopts the partial recommendation, NQ 6, as modified. FED. R. C1v. P.
72(b)(3) . Spears' s amended complaint does not contain claims against
McDermott, Rainey, and Malone.

Compare NQ 2 with NQ 5.

Those

defendants are dismissed without prejudice. In re Atlas Van Lines, Inc.,

209 F.3d 1064, 1067 (8th Cir. 2000). Defendant Hicks, however, is named

in the amended complaint. The claims against him, as well as Cook,
Harris, Whitfield, Stipunak, and Stankiewicz, proceed.
So Ordered.
D.P. Marshall Jr.
United States District Judge
3 I oc.+o~ ~o 17

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