Smith v. Johnson et al
Filing
7
ORDER ADOPTING IN PART 4 REPORT AND RECOMMENDATIONS as follow: Smith's failure to protect claims against Boltinghouse and Minor are dismissed without prejudice because he could fill the gap about their involvement by amendment; his potential conditions of confinement claim is dismissed without prejudice for the same reason; the legal defects in Smith's false-disciplinary and due-process claims cannot be fixed by amendment, and those claims are therefore dismissed with prejudice.Signed by Judge D. P. Marshall Jr. on 12/21/2012. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES EDWARD SMITH
ADC#103093
v.
PLAINTIFF
No. 5:12-cv-409-DPM-HDY
SAMMY D. JOHNSON, CO-I, Pine Bluff Unit,
ADC; T. DOBBS, Varner Unit, ADC; DOUGLAS
E. BOULTINGHOUSE, Lt., Varner Unit, ADC; and
JUSTINE M. MINOR, Disciplinary Hearing Officer,
ADC
DEFENDANTS
ORDER
No one has objected to Magistrate Judge H. David Young's Proposed
Findings and Recommendations, Document No. 4. Having reviewed 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
proposal as modified: Smith's failure-to-protect claims against Boultinghouse
and Minor are dismissed without prejudice because he could fill the gap
about their involvement by amendment; his potential conditions-ofconfinement claim is dismissed without prejudice for the same reason; the
legal defects in Smith's false-disciplinary and due-process claims cannot be
fixed by amendment, and those claims are therefore dismissed with prejudice.
So Ordered.
D.P. Marshall Jr.
United States District Judge
-2-
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