Robinson v. Johnson et al

Filing 15

ORDER ADOPTING 12 Partial Report and Recommendations and dismissing Robinson's claims for monetary damages against any deft. The Court also dismisses Robinson's retaliation claim. Robinson's claims against defts Jimmy Banks, Curtis Meinzer, Malcolm Crompton, J. Williams, Gilliam, Bobby Jones, Martha Hewing, and Gordon are dismissed for plaintiff's failure to state claim for which relief can be granted. Signed by Judge D. P. Marshall Jr. on 5/18/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ANDREW DOMINIC ROBINSON ADC # 652013 v. PLAINTIFF No.5:10-cv-322-DPM-JJV RODERICK JOHNSON, Lt., Varner Super Max, ADC; ANTWON EMSWELLER, Lt., Varner Super Max, ADC; CHRISTOPHER SHERRILL, Sgt., Varner Super Max, ADC; MALCOLM CROMPTON, Sgt., Varner Super Max, ADC; BRIAN PERKINS, Sgt., Varner Super Max, ADC; CURTIS MEINZER, Warden, Varner Super Max, ADC; J. WILLIAMS, CO-II, Varner Super Max, ADC; JIMMY BANKS, Warden, Varner Super Max, ADC; KRISTIE BAILEY, Sgt., Varner Super Max, ADC; TONDA SPENCER, Sgt., Varner Super Max, ADC; FELICIA PIGGEE, Sgt., Varner Super Max, ADC; GILLIAM, Lt., Varner Super Max, ADC; BOBBY JONES, Sgt., Varner Unit, ADC; MARTHA HEWING, Sgt., Varner Super Max, ADC; GORDON, Sgt., Varner Super Max, ADC; MICHELLE RUCCER, Sgt., Varner Super Max, ADC; and MERTHA JASPER, Sgt., Varner Super Max, ADC DEFENDANTS ORDER No one has objected to Magistrate Judge Volpe's proposed findings and recommendations. Document No. 12. The Court has therefore reviewed the proposal for clear errors of fact on the face of the record, FED. R. ClV. P. 72(b) (advisory committee notes to 1983 addition), and for legal error. Finding no clear errors of fact or legal error, the Court adopts the proposed findings and recommendations in their entirety. Document No. 12. The Court dismisses Robinson's claims for monetary damages against any defendant in his or her official capacity. The Court also dismisses Robinson's retaliation claim for his failure to state a claim on which relief can be granted. The Court also dismisses Robinson's claims against Jimmy Banks, Curtis Meinzer, Malcolm Crompton, J. Williams, Gilliam, Bobby Jones, Martha Hewing, and Gordon because Robinson has failed to state a claim against any of them on which relief can be granted. So Ordered. D.P. Marshall Jr. United States District Judge -2­

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