Davis v. Hobbs et al

Filing 16

ORDER adopting 6 PARTIAL REPORT AND RECOMMENDATIONS with some clarifications. All claims against Hobbs, Culclager, Page, Magness, Banks, and Stephens are dismissed without prejudice. For the reasons explained by Judge Volpe, Davis's due process claims against Meinzer and Bankston fail and are dismissed without prejudice. What remains is a retaliatory-treatment claim against Meinzer. Signed by Judge D. P. Marshall Jr. on 3/18/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
RICHARD ALAN DAVIS
ADC # 89568

v.

PLAINTIFF

No. 5:13-cv-351-DPM-JJV

RAY HOBBS, Director, ADC; CURTIS
MEINZER, Deputy Warden, Varner, ADC;
MAURICE CULCLAGER, Chief Security
Officer, Varner Unit, ADC; JOE PAGE, III,
Deputy Warden, Varner Unit, ADC; BENNY
MAGNESS, Chairman, Board of Corrections;
JAMES BANKS, Warden, Varner Unit, ADC;
MARK STEPHENS, Shift Commander, Varner
Unit, ADC; and WILLIE C. BANKSTON,
Lieutenant, Varner Supermax Unit, ADC

DEFENDANTS

ORDER
Opposed recommendation, NQ 6, adopted with some clarifications. FED.
R. CIV. P. 72(b)(3). Davis's amended complaint names only Meinzer and
Bankston as defendants. NQ 4 at 2. All claims against Hobbs, Culclager, Page,
Magness, Banks, and Stephens- who were named in the original
complaint-are therefore dismissed without prejudice.

For the reasons

explained by Judge Volpe, Davis's due-process claims against Meinzer and
Bankston fail and are dismissed without prejudice. What remains is a
retaliatory-treatment claim against Meinzer.

So Ordered.

D.P. Marshall Jr.
United States District Judge

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