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)

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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 -2-

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