Cervantes v. Dobbs et al

Filing 21

ORDER adopting 5 partial recommendation. Cervantes's individual capacity claims against Dobbs, Burusen, Harrison, Keller, McCleskey, Johnson, and Yates for excessive force, deliberate indifference, and failure to protect go forward. All other claims and Defendants are dismissed without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 11/17/2020. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION

MICHAEL CERVANTES
ADC #601673
v.

PLAINTIFF

No. 3:20-cv-236-DPM-PSH

JOYCE DOBBS; DEBBIE BURUSEN;
JAMES HARRISON; MARCUS KELLER;
J. L. McCLESKEY; JAMES JOHNSON;
LAWRENCE COUNTY SHERIFF'S OFFICE;
TONY WALDROP, Deputy Sheriff, Lawrence
County Sheriff's Office; and JEFF YATES,
Sheriff, Lawrence County, Arkansas

DEFENDANTS

ORDER

On de nova review, the Court adopts Magistrate Judge Harris's
partial recommendation, Doc. 5, and overrules Cervantes's objections,
Doc. 7, 8 & 18. If Cervantes wants to plead more facts or try to show

that all his claims are related, then he must get permission to amend his
complaint. But he can't amend his complaint by way of his objections.
Cervantes's individual capacity claims against Dobbs, Burusen,
Harrison, Keller, McCleskey, Johnson, and Yates for excessive force,
deliberate indifference, and failure to protect go forward. All other
claims and Defendants are dismissed without prejudice.

So Ordered.
v
D.P. Marshall Jr.
United States District Judge

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