Marshall v. Walker et al

Filing 64

ORDER approving and adopting the proposed findings and recommended partial disposition; granting in part 26 and 30 Defendants' motions to dismiss with respect to Marshall's claim for injunctive relief in the form of release from the beh avioral modification program, with respect to specific incidents which occurred prior to 9/12/08; and denying 26 and 30 with respect to Marshall's claims for denial of due process, retaliation, equal protection, and unconstitutional program. Signed by Judge Brian S. Miller on 7/16/12. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CALVIN LEE MARSHALL,
ADC #90207
v.

PLAINTIFF

CASE NO. 5:11CV00239 BSM/JTK

REVONNA WALKER, et al.

DEFENDANTS
ORDER

The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge Jerome T. Kearney and the filed objections 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 partial disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendants’ motions to dismiss [Doc. Nos. 26, 30] be GRANTED IN PART,

with respect to Marshall’s claim for injunctive relief in the form of release from the
behavioral modification program.
2.

Defendants’ motions to dismiss [Doc. Nos. 26, 30] be GRANTED IN PART,

with respect to specific incidents which occurred prior to September 12, 2008.
3.

Defendants’ motions to dismiss [Doc. Nos. 26, 30] be DENIED, with respect

to Marshall’s claims for denial of due process, retaliation, equal protection, and
unconstitutional program.
Dated this 16th day of July 2012.

________________________________
UNITED STATES DISTRICT JUDGE

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