Keen v. Wright et al

Filing 29

ORDER declining the 22 Recommendation. Denying 19 Motion for summary judgment, granting 26 Motion to Dismiss. Keen isn't able to prosecute this case on his own, and doesn't wish to continue. The complaint will be dismissed without prejudice. Keen's 27 Motion to amend his claims and 28 Motion to appoint counsel are denied as moot. Signed by Judge D. P. Marshall Jr. on 7/26/2017. (jak) (Docket text modified on 7/26/2017 to correct a typographical error).(jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMES KEEN
ADC# 160080

v.

PLAINTIFF
No. 4:17-cv-11-DPM

T. PARKER, Sergeant, Saline County
Detention Center; ALLEN LANECASTER, *
Maintenance, Saline County Jail;
PERRY, Deputy Jailer, Saline County
Jail; and COLE, Corporal, Saline
County Detention Center

DEFENDANTS

ORDER
1.

On de nova review, the Court declines the Magistrate's

recommendation, NQ 22.

FED.

R. Crv. P. 72(b)(3). Keen's objection, NQ 25 at

3-5, raises (belatedly) genuine issues of material fact on whether and how
long he went without water to drink. The motion for summary judgment, NQ
19, is denied.

2. Keen's alternate motion to dismiss, NQ 26, is granted. Keen isn't able
to prosecute this case on his own, and doesn't wish to continue.

The

complaint will be dismissed without prejudice.

*
The Court directs the Clerk to amend the docket to reflect the proper
spelling of Defendant Allen Lanecaster' s name.

3. Keen's motion to amend his claims, NQ 27, and the motion to appoint
counsel, NQ 28, are denied as moot.
So Ordered.

D.P. Marshall Jr. {/
United States District Judge

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