Simmons v. Cheek et al

Filing 56

ORDER adopting as modified 47 Recommendation. Lindsey's motion to dismiss, 42 , granted as modified. Simmons's official-capacity claim against Lindsey is dismissed with prejudice and his personal-capacity claim against her is dismissed without prejudice. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/6/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES H. SIMMONS
ADC#135731

v.

PLAINTIFF

No. 5:14-cv-136-DPM-JJV

ALLEN CHEEK, Sheriff, Arkansas County
Detention Center; ROBBIE FRED, Jail Administrator,
Arkansas County Detention Center; and
TERESA LINDSEY

DEFENDANTS

ORDER
Unopposed recommendation, NQ 47, adopted as modified. FED. R. CIV.
P. 72(b) (1983 Comments to Advisory Committee Notes). Lindsey's motion to
dismiss, NQ 42, granted as modified. Simmons's official-capacity claim against
Lindsey is dismissed with prejudice and his personal-capacity claim against
her is dismissed without prejudice. An in forma pauperis appeal from this
Order would not be taken in good faith. 28U.S.C.§1915(a)(3).
So Ordered.

D.P. Ma~shall Jr.'
United States District Judge
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