Aaron v. Banks et al

Filing 43

ORDER ADOPTING 41 REPORT AND RECOMMENDATIONS in full and granting Motion for Summary Judgment filed by defendants. If the Clerk updates his address eventually, the Court directs the Clerk to send him the recommended disposition, this Order, and the Judgment. The Court will, in that event, consider a Rule of Civil Procedure 60 motion for relief from the Judgmetn is Aaron chooses to file one. Signed by Judge D. P. Marshall Jr. on 11/19/2013. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KAMEON V ANKEIS AARON
ADC#129521

v.

PLAINTIFF

No. 5:12-cv-197-DPM-BD

JAMES BANKS, Warden, Varner Super Max Unit,
ADC; CURTIS MEINZER, Warden, Varner Super
Max Unit, ADC; YOLANDA CLARK, Captain,
Varner Super Max Unit, ADC; SUSAN BROWN,
Corporal, Varner Super Max Unit, ADC; and
LOUISE WELLS, Corporal, Varner Super Max
Unit,ADC

DEFENDANTS

ORDER
No one has objected to Magistrate Judge Beth Deere's recommended
disposition, NQ 41. The copy of it mailed to Aaron has been returned as
undeliverable. He has not kept his address current, contrary to Local Rule
5.5(c)(2). Given the extensive work done by both sides in the case, the Court
proceeds to the merits and reviews de novo out of an abundance of caution.
FED.

R. Crv. P. 72(b).

The Court adopts the recommendation in full.

Defendants' motion for summary judgment, NQ 36, is granted. Aaron's
official-capacity claims and Eighth Amendment claims are dismissed with
prejudice; his retaliation claim is dismissed without prejudice. If Aaron
updates his address eventually, the Court directs the Clerk to send him the
recommended disposition, this Order, and the Judgment. The Court will, in

that event, consider a Rule of Civil Procedure 60 motion for relief from the
Judgment if Aaron chooses to file one.
So Ordered.
D.P. Marshall Jr. ?I
United States District Judge

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