Holloway v. Norris et al

Filing 53

ORDER ADOPTING Magistrate Judge's 48 and 51 Partial Recommended Dispositions. Plaintiff's 45 Motion for preliminary injunctive relief is denied. Holloway's claims against Norris, Hobbs, May, Burl, Andrews, Kelley, Payne, Wrig ht, Minor, Gay, and Perry are dismissed without prejudice. The due process claim against Outlaw, Green, Jackson, Ball, Wesbrook, McKinney, and Harmon; the retaliation claim against Outlaw; and the deliberate-indifference claim against Jackson remain. Signed by Judge D. P. Marshall Jr. on 10/18/2012. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

KAREEM HOLLOWAY
ADC # 111757

v.

PLAINTIFF

No. 5:12-cv-128-DPM-BD

LARRY NORRIS et al.

DEFENDANTS
ORDER

The Court has reviewed Magistrate Judge Deere's two Partial
Recommended Dispositions, Document Nos. 48 & 51.

No one has filed

objections. Having reviewed the proposals for clear errors of fact on the face
of the record,

FED.

R. CIV. P. 72(b) (Advisory Committee notes to 1983

addition), and for legal error, the Court adopts the proposals as its own.
Holloway's motion for preliminary injunctive relief, Document No. 45,
is denied. Holloway's claims against Norris, Hobbs, May, Burl, Andrews,
Kelley, Payne, Wright, Minor, Gay, and Perry are dismissed without
prejudice. The Court now agrees that Holloway's discrimination allegations
fail to state a claim. Three claims remain: the due process claim against
Outlaw, Green, Jackson, Ball, Wesbrook, McKinney, and Harmon; the

retaliation claim against Outlaw; and the deliberate-indifference claim against
Jackson.
So Ordered.

D.P. Marshall Jr.f
United States District Judge

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