Vann v. Carroll et al

Filing 15

ORDER approving and adopting, in its entirety, 14 Partial Recommended Disposition as this Court's findings in all respects; allowing Mr. Vann to proceed with his individual-capacity failure-to-protect claims against Captain Bivens for telling inmates that Mr. Vann sent inappropriate pictures to a minor in September 2022, and Sergeant Ogbozor for labelling Mr. Vann a "snitch"; allowing Mr. Vann to proceed with his individual-capacity retaliation claim against Captain Bivens for events that occurred on 01/04/2024; dismissing, without prejudice, Mr. Vann's remaining retaliation, condition-of-confinement, and official-capacity claims; dismissing, without prejudice, Mr. Vann's claims arising after 01/05/2024; terminat ing Warden Carroll, Deputy Warden Jackson, Director Reed, Director Payne, and Sergeant Sherman as parties to this action; and denying 3 Mr. Vann's motion for preliminary injunction and temporary restraining order. Signed by Chief Judge Kristine G. Baker on 08/27/2024. (llg)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
LAMONT CLAYTON VANN
ADC #108062
v.

PLAINTIFF

Case No. 4:24-cv-00015-KGB-BBM

BRANDON CARROLL,
Warden, Varner Supermax, et
al.

DEFENDANTS
ORDER

The Court has reviewed the Partial Recommended Disposition submitted by United States
Magistrate Judge Benecia B. Moore (Dkt. No. 14). Plaintiff Lamont Clayton Vann has not filed
any objections, and the time to file objections has passed. Accordingly, after careful consideration,
the Court approves and adopts the Partial Recommended Disposition in its entirety as this Court’s
findings in all respects (Id.). It is therefore ordered that:
1.

Mr. Vann may proceed with his individual-capacity failure-to-protect claims

against Captain Bivens for telling inmates that Mr. Vann sent inappropriate pictures to a minor in
September 2022, and Sergeant Ogbozor for labelling Mr. Vann a “snitch.”
2.

Mr. Vann may proceed with his individual-capacity retaliation claim against

Captain Bivens for events that occurred on January 4, 2024.
3.

Mr. Vann’s remaining retaliation, condition-of-confinement, and official-capacity

claims are dismissed without prejudice for failure to state a claim upon which relief may be
granted.
4.

Mr. Vann’s claims arising after January 5, 2024, are dismissed without prejudice

for failure to state a claim upon which relief may be granted.

5.

Warden Carroll, Deputy Warden Jackson, Director Reed, Director Payne, and

Sergeant Sherman are terminated as parties to this action.
6.

Mr. Vann’s motion for preliminary injunction and temporary restraining order is

denied (Dkt. No. 3).
It is so ordered this the 27th day of August, 2024.

_____________________________
Kristine G. Baker
Chief United States District Judge

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