McCroskey v. Kelley et al

Filing 23

ORDER approving and adopting the 21 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; and granting in part and denying in part Defendant Wendy Kelley's 7 and 17 motions to dismiss. The motions are granted to the extent that Plaintiff's claim for damages against Kelley in her official capacity are dismissed with prejudice. The motions are denied in all other respects. Signed by Judge Billy Roy Wilson on 11/10/2015. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JERRY H. MCCROSKEY
ADC #72796
VS.

PLAINTIFF

5:15CV00229 BRW/PSH

WENDY KELLEY et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Patricia S. Harris. Plaintiff responded and does not
object to the recommended disposition. After careful consideration, the Court approves and
adopts the Proposed Findings and Partial Recommended Disposition as this Court’s findings in
all respects.
Accordingly, Defendant Wendy Kelley’s motions to dismiss (Doc. Nos. 7, 17), are
GRANTED IN PART AND DENIED IN PART. The motions are GRANTED to the extent that
Plaintiff’s claim for damages against Kelley in her official capacity are DISMISSED WITH
PREJUDICE. The motions are DENIED in all other respects.
IT IS SO ORDERED, this 10th day of November, 2015.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE