Coffey v. Harris et al

Filing 32

ORDER ADOPTING 8 PARTIAL REPORT AND RECOMMENDATIONS and dismissing plaintiff's claims against deft Hobbs without prejudice. Signed by Judge D. P. Marshall Jr. on 1/14/14. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNY COFFEY
ADC # 86434

v.

PLAINTIFF
5:13-cv-274-DPM-JJV

GRANT HARRIS, Warden; JAMES BANKS,
Warden; MARK CASHION, Warden; KAY HOWELL,
Warden; DANNY BURL, Warden; JENKINS,
Classification Officer; CURTIS-TYLER,
Classification Officer; LISA WALKER, Classification
Officer; DAVID BREWER, Classification Officer;
V ALARIE WESTBROOK, Classification Officer; and
RAY HOBBS, Director

DEFENDANTS

ORDER
The Court vacated its earlier Order because Coffey did not have
sufficient time to object. NQ 18. The Court has reconsidered Magistrate Judge
Joe J. Volpe's Proposed Findings and Recommendations, NQ 8, and Coffey's
extensive objections, NQ 31. After reviewing de novo, the Court adopts the
proposal.

FED. R. CIV. P. 72(b)(3). Coffey's official-capacity claims are

dismissed with prejudice. The settled law is against any possibility of
damages. His claims against Hobbs are dismissed without prejudice. The
Court sees no facts alleged or argued that Hobbs had anything to do with
Coffey's placement in the general population.

So Ordered.

D.P. Marshall Jr.
United States District Judge
14 January 2014

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