Hawkins v. Byrd et al

Filing 30

ORDER ADOPTING 18 Partial Report and Recommendations and dismissing defts Byrd, Brown, Shock, Randall, and Faulkner County without prejudice; dismissing plaintiffs Brown and Thurmond without prejudice so they may pursue their claims in separately filed actions and allowing pltf Hawkins to proceed on his due process claim against Sgt. Piechuski, and directing the Clerk of the Court top add Sgt. Piechuski as a party deft in this matter. Signed by Judge William R. Wilson, Jr on 10/20/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CARTUS HAWKINS, et al. V. KARL BYRD, et al. ORDER The Court has received the Partial Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed any objections. After careful review of the Partial Recommended Disposition, as well as a de novo review of the record, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Accordingly, Defendants Byrd, Brown, Shock, Randall, and Faulkner County are DISMISSED without prejudice as party Defendants; Plaintiffs Brown and Thurmond are DISMISSED without prejudice from this case so that they may pursue their factually distinct claims in their separately filed actions; Plaintiff Hawkins's access-to-mail claim is DISMISSED without prejudice against all Defendants; Plaintiff Hawkins's claims regarding his disciplinary conviction and Defendants' failure to follow prison policy are DISMISSED without prejudice against all Defendants. Plaintiff Hawkins may proceed on his due process claim against Sgt. Piechuski, and the Clerk of the Court is ordered to add Sgt. Piechuski as a party Defendant in this matter. Plaintiff Hawkins's deliberate-indifference claim is DISMISSED, without prejudice, against all Defendants. IT IS SO ORDERED this 20th day of October, 2008. 4:08CV01791 WRW-BD DEFENDANTS PLAINTIFFS

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE