Scott v. Kelly et al

Filing 29

ORDER adopting the 6 Recommendation as modified and overruling most of Scott's objections, 9 . Scott's claims against the Unit and the Department are dismissed with prejudice. Scott's claims against Major Williams aren't limit ed to claims about lost property. Scott's objection is sustained on the point regarding Major Williams being partly responsible for the ADC's policy on what property inmates in punitive segregation can have. Scott's claims about lost o r stolen property are dismissed without prejudice for failure to state a claim. Scott's claims against Defendants Strout and Morris are dismissed without prejudice for failure to state a claim. Signed by Judge D. P. Marshall Jr. on 4/20/2016. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DEVERICK SCOTT ADC #131042 v. PLAINTIFF No. 5:16-cv-65-DPM WENDY KELLEY," Director, Arkansas Department of Correction, et al. DEFENDANTS ORDER 1. On de nova review, the Court adopts the recommendation, NQ 6, as modified and overrules most of Scott's objections, NQ 9. FED. R. CIV. P. 72(b)(3). 2. The modifications: First, neither the Tucker Unit nor the Arkansas Department of Correction is a "person" who can be sued underĀ§ 1983. E.g., Will v. Michigan Department of State Police, 491 U.S. 58, 71 (1989). Scott's claims against the Unit and the Department are therefore dismissed with prejudice. Second, Scott's claims against Major Williams aren't limited to claims about lost property. Scott also alleges that Major Williams is partly responsible for the ADC's policy on what property inmates in punitive *The Court directs the Clerk to correct the spelling of Kelley's name on the docket. segregation can have. N2 5 at 12 & 53. Scott's objection is therefore sustained on this point. Major Williams stays in the case for now. 3. Scott's claims about lost or stolen property are dismissed without prejudice for failure to state a claim. 4. Scott's claims against Defendants Strout and Morris are dismissed without prejudice for failure to state a claim. So Ordered. D.P. Marshall Jr. United State District Judge -2-

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