Moore v. Randle et al

Filing 21

ORDER approving and adopting 6 Partial Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; allowing Plaintiff to proceed with his individual capacity claims against Defendants Randle, Harris, Et herly, Smith, and Jones based on the denial of drinking fluids for five days; dismissing, without prejudice, Plaintiff's official capacity claims for money damages against these Defendants; dismissing, without prejudice, all of Plaintiff� 39;s claims against Defendant Emsweller (or others) based on his placement in a dry cell for five days; dismissing, without prejudice, all of Plaintiff's claims against Defendants Payne, Straughn, Naylor, Lay, and Jackson; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 7/8/2024. (ldb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION TERRENCE MOORE ADC #105735 v. PLAINTIFF No. 4:24-cv-00125-LPR-PSH KENYON RANDLE, et al. DEFENDANTS ORDER The Court has reviewed the Partial Recommended Disposition (PRD) submitted by United States Magistrate Judge Patricia S. Harris (Doc. 6) and the Plaintiff’s Objections (Doc. 10). After a de novo review of the PRD, along with careful consideration of the Objections and the entire case record, the Court hereby approves and adopts the PRD in its entirety as this Court’s findings and conclusions in all respects. Accordingly, Plaintiff may proceed with his individual capacity claims against Defendants Randle, Harris, Etherly, Smith, and Jones based on the denial of drinking fluids for five days. Plaintiff’s official capacity claims for money damages against these Defendants are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. All of Plaintiff’s claims against Defendant Emsweller (or others) based on his placement in a dry cell for five days are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. All of Plaintiff’s claims against Defendants Payne, Straughn, Naylor, Lay, and Jackson are DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. 1 IT IS SO ORDERED this 8th day of July 2024. _______________________________ LEE P. RUDOFSKY UNITED STATES DISTRICT JUDGE 2

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