Chism v. Payne et al

Filing 8

ORDER adopting 5 Recommendation as this Court's findings in all respects; dismissing Mr. Chism's claims against Defendant Dexter Payne, without prejudice; instructing the Clerk to terminate Dexter Payne as a party Defendant; and dismissing without prejudice Mr. Chism's claims that Defendant Gibson violated his due process rights, the Eighth Amendment, and RFRA. Signed by Judge James M. Moody Jr. on 11/21/2022. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION NATHAN HAROLD CHISM ADC #550129 V. PLAINTIFF NO. 4:22-cv-01045-JM-ERE DEXTER PAYNE and JAMES GIBSON DEFENDANTS ORDER The Court has received a Recommendation from Magistrate Judge Edie R. Ervin. After careful review of the Recommendation, Mr. Chism’s timely objections, 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. Chism’s claims against Defendant Dexter Payne are DISMISSED, without prejudice, based on his failure to state a plausible claim for relief. The Clerk is instructed to terminate Dexter Payne as a party Defendant. Mr. Chism’s claims that Defendant Gibson violated: (1) his due process rights; (2) the Eighth Amendment; and (3) RFRA are also DISMISSED, without prejudice, based on his failure to state a plausible claim for relief. IT IS SO ORDERED, this 21st day of November, 2022. ________________________________ UNITED STATES DISTRICT JUDGE

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