Cheatham v. Does

Filing 33

ORDER approving and adopting the 29 Recommendation as set out below: Defendant's 12 25 motions to dismiss are granted in part and denied in part. Johnson must file her answer within 14 days of the entry of this Order. I certify that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 02/03/2017. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DENNIS J. CHEATHAM
ADC #136117
VS.

PLAINTIFF
5:16-CV-00239 BRW/JTR

JOHN DOES 1-4, unknown Varner Unit Warden
and Correctional Officers; and
CHERYLE JOHNSON, Captain, Varner Unit, ADC

DEFENDANTS

ORDER
I have reviewed the Recommendation submitted by United States Magistrate Judge J.
Thomas Ray and the filed objections. After carefully considering these documents and making a de
novo review of the record in this case, I approve and adopt the Recommendation as set out below:
Defendant’s motions to dismiss are GRANTED IN PART and DENIED IN PART (Doc.
Nos. 12, 25). Plaintiff's failure to protect claim against Johnson in her official capacity is
dismissed with prejudice. Plaintiff may proceed with his failure to protect claim against Johnson in
her individual capacity.
Johnson must file her answer within 14 days of the entry of this Order.1
I certify that an in forma pauperis appeal from this Order would not be taken in good faith.2
IT IS SO ORDERED this 3d day of February, 2017.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

2

Fed. R. Civ. P. 12(a)(4)(A).
28 U.S.C. § 1915(a)(3) and (g).