Brooks v. Meadows et al

Filing 35

ORDER approving and adopting the 24 Proposed Findings and Recommendations as this Court's findings in all respects; dismissing Defendant Foote from this cause of action without prejudice for Mr. Brooks's failure to exhaust his administrat ive remedies; granting 9 Defendants Meadough and Laminack's motion to dismiss with respect to Mr. Brooks's claims 1, 3, 4, and 7; denying 9 Defendants Meadough and Laminack's motion to dismiss with respect to Mr. Brooks's clai ms 2, 5, and 6; denying 18 Defendant Jones's motion to dismiss; and directing the Clerk to amend the docket to reflect the correct spelling for defendants Jason Meadough, Daniel Laminack, and Maxcie Foote. Signed by Judge Kristine G. Baker on 9/13/2017. (mef)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MICHAEL K. BROOKS
ADC #142122
v.

PLAINTIFF
Case No. 4:16-cv-00847 KGB/JJV

JAMES MEADOUGH, Sergeant,
Wrightsville Unit, et al

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations from United States
Magistrate Judge Joe J. Volpe (Dkt. No. 24). Plaintiff Michael K. Brooks has filed no objections
to the Proposed Findings and Recommendations, and the time to do so has passed. After careful
review of the Proposed Findings and Recommendations, the Court concludes that the Proposed
Findings and Recommendations should be, and hereby are, approved and adopted as this Court’s
findings in all respects.
It is therefore ordered that:
1.

Defendant Foote is dismissed from this cause of action without prejudice for Mr.

Brooks’s failure to exhaust his administrative remedies before filing suit against him.
2.

Defendants Meadough and Laminack’s motion to dismiss is granted with respect

to Mr. Brooks’s claims 1, 3, 4, and 7 (Dkt. No. 9).
3.

Defendants Meadough and Laminack’s motion to dismiss is denied with respect to

Mr. Brooks’s claims 2, 5, and 6 (Dkt. No. 9).
4.

Defendant Jones’s motion to dismiss is denied (Dkt. No. 18).

5.

The Clerk shall amend the docket to reflect the correct spelling for defendants Jason

Meadough, Daniel Laminack, and Maxcie Foote.

So ordered this 13th day of September, 2017.

________________________________
Kristine G. Baker
United States District Judge

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