Escobar v. Cross et al

Filing 10

ORDER ADOPTING 8 Partial Report and Recommendations; dismissing pltf's claims for monetary damages from defts in their official capacities; and dismissing deft Capt. Foot as a deft in this action. Signed by Judge Brian S. Miller on 7/9/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
LUIS ESCOBAR, ADC # 117679
v.

PLAINTIFF

CASE NO. 4:12CV00023 BSM-JJV

J. CROSS, Corporal, Wrightsville Unit,
Arkansas Department of Correction et al.

DEFENDANTS

ORDER
The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge Joe J. Volpe have been reviewed. No objections were filed. After
carefully considering this document and making a de novo review of the record, it is
concluded that the proposed findings and recommended partial disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s claims for monetary damages from defendants in their official

capacities are DISMISSED as barred by the doctrine of sovereign immunity.
2.

Plaintiff fails to state a claim against Capt. Foot, and he is DISMISSED as a

defendant in this action.
IT IS SO ORDERED this 9th day of July 2012.

________________________________
UNITED STATES DISTRICT JUDGE