Dayberry v. Long et al

Filing 42

ORDER adopting 41 partial recommended disposition; granting 34 defendants' motion for summary judgment on the official capacity claim and denying as to the retaliatory transfer claim; and dismissing with prejudice the official capacity claim. Signed by Judge Brian S. Miller on 11/22/2024. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JIM DAYBERRY
ADC #653942
v.

PLAINTIFF
CASE NO. 4:23-cv-01032-BSM-JJV

BRANDON LONG,
Sheriff, Stone County, et al.

DEFENDANTS
ORDER

Having reviewed the record de novo, Magistrate Judge Joe J. Volpe’s partial
recommended disposition [Doc. No. 41] is adopted as to his recommendation on summary
judgment. Defendants’ motion for summary judgment [Doc. No. 34] is granted on the
official capacity claim and denied as to the retaliatory transfer claim. The official capacity
claim is dismissed with prejudice.
IT IS SO ORDERED this 22nd day of November, 2024.
________________________________
UNITED STATES DISTRICT JUDGE