Phillips v. Williams et al

Filing 9

ORDER approving and adopting 6 Partial Recommended Disposition as this Court's findings in all respects; Mr. Phillips's verbal harassment and retaliation claims are dismissed, without prejudice; his claims against Defendant Holliday are dismissed, without prejudice, and the Clerk of the Court is instructed to terminate Sheriff Holliday as a party Defendant; and Mr. Phillips's claims against Defendant Williams in his official capacity are dismissed, without prejudice. Signed by Judge Susan Webber Wright on 1/19/2016. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANTIONA PHILLIPS V. PLAINTIFF CASE NO. 4:15-CV-736-SWW-BD CURTIS WILLIAMS and DOC HOLLIDAY DEFENDANTS ORDER The Court has received a Partial Recommended Disposition (“Recommendation”) from Magistrate Judge Beth Deere. After careful review of the Recommendation, Mr. Phillips’s timely objections,1 as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. Mr. Phillips’s verbal harassment and retaliation claims are DISMISSED, without prejudice. In addition, his claims against Defendant Holliday are DISMISSED, without prejudice, and the Clerk of the Court is instructed to terminated Sheriff Holliday as a party Defendant. Finally, Mr. Phillips’s claims against Defendant Williams in his official capacity are DISMISSED, without prejudice. IT IS SO ORDERED, this 19th day of January, 2016. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1 Plaintiff’s objections appear to challenge the validity of his conviction and include pages from a motion for relief under Ark.R.Crim.P. 37.

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