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)

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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 -2-

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