Chism v. Payne et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NATHAN HAROLD CHISM
DEXTER PAYNE and
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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