Oakes v. Howell et al

Filing 14

ORDER ADOPTING 7 Partial Report and Recommendations and dismissing the Arkansas Department of Correction as a deft in this case. Signed by Judge D. P. Marshall Jr. on 12/16/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

PINE BLUFF DIVISION

PHILLIP J. OAKES

ADC #145126

v.

PLAINTIFF
No.5:11-cv-294-DPM

KAYE HOWELL, Warden, Randall
Williams Correctional Facility, Arkansas
Department of Correction, et al..

DEFENDANTS

ORDER

United States Magistrate Judge Joe J. Volpe entered a partial
recommended disposition in this case, Document No.7, to which Oakes has
not objected. Having reviewed the proposal for clear errors of fact on the face
of the record, FED. R. Crv. P. 72(b) (advisory committee notes to 1983 addition),
and for legal error, the Court adopts the proposal as its own.
Because it is a state agency and therefore immune from § 1983 liability
under the Eleventh Amendment, the Arkansas Department of Correction is
dismissed from Oakes's suit. The Clerk shall terminate the ADC as a
defendant in this case.

So Ordered.

D.P. Mars~all Jr. {/
United States District Judge

-2­