Racy et al v. Lewis et al

Filing 29

ORDER ADOPTING 25 Partial Report and Recommendations and granting in part and denying in part plaintiffs' 22 Motion to Amend/Correct. The plaintiffs may proceed with the Due Process claim against defts Tyler and Adams and the retaliation claim against Adams. All other defts are dismissed. Signed by Judge D. P. Marshall Jr. on 11/9/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DOTTIE DESHAEE RACY, ADC #708533; and CINDY RENEE GUY, ADC #711235 Vo PLAINTIFFS Noo 5:11-cv-155-DPM-JTK LEWIS, Deputy, WoCo "Dub" Brassell Detention Center; ADAMS, Captain, WoCo "Dub" Brassell Detention Center; TYLER, Major, WoCo "Dub" Brassell Detention Center; and BOLDEN, Chief, WoCo "Dub" Brassell Detention Center DEFENDANTS ORDER The Court has considered Magistrate Judge Jerome T. Kearney's Proposed Findings and Recommendations, Document No. 25, and Guy's objections, Document Nos. 27 & 28. The Court appreciates Guy's correction regarding the Plaintiffs' names. Having conducted a de novo review of the record, the Court adopts Magistrate Judge Kearney's proposal as its own as corrected on the names. FED. R. ClV. P. 72(b). Plaintiffs' motion to amend, Document No. 22, is granted in part and denied in part. The Plaintiffs may proceed with the Due Process claim against Defendants Tyler and Adams and the retaliation claim against Adams. The motion is denied in all other respects; and all other Defendants are dismissed. So Ordered. -2­

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