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)

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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

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