Cochran v. Farver

Filing 74

ORDER approving in part and rejecting in part 66 the proposed findings and partial recommended disposition; granting 57 Defendants' motion for summary judgment and dismissing all claims against the defendants; and denying 73 Cochran's motion for trial. Signed by Chief Judge Brian S. Miller on 10/29/2012. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES DAVID COCHRAN ADC #122317 v. PLAINTIFF CASE NO. 5:11CV00036 BSM/BD RICKY D. FARVER, Sergeant, Maximum Security Unit, Arkansas Department of Correction et al. DEFENDANTS ORDER The proposed findings and partial recommended disposition submitted by United States Magistrate Judge Beth Deere [Doc. No. 66] and the filed objections [Doc. Nos. 67-68] have been reviewed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in part and rejected in part. The finding that the official capacity claims against defendants Ricky D. Farver and Lance Hall should be dismissed on the basis of sovereign immunity is approved and adopted. Because plaintiff James David Cochran’s amended complaint [Doc. No. 41] failed to state whether he was suing the defendants in their individual capacities, the defendants are entitled to summary judgment as a matter of law as to the remaining claims. “If a plaintiff’s complaint is silent about the capacity in which [he] is suing the defendant, we interpret the complaint as including only official-capacity claims.” Baker v. Chisom, 501 F.3d 920, 923 (8th Cir. 2007) (citing to Egerdahl v. Hibbing Cmty. Coll., 72 F.3d 613, 619 (8th Cir. 1995)). IT IS THEREFORE ORDERED that: 1. Defendants’ motion for summary judgment [Doc. No. 57] is granted and all claims against the defendants are dismissed. 2. Cochran’s motion for trial date [Doc. No. 73] is denied. An appropriate judgment shall accompany this order. Dated this 29th day of October 2012. ________________________________ UNITED STATES DISTRICT JUDGE 2

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