Kerr v. Byers et al
Filing
23
ORDER adopting 22 Partial Recommendation. Kerr's Fourteenth Amendment claims are dismissed without prejudice for failure to state a claim. The 9 Motion to Dismiss is granted in part and denied in part: Kerr's Eighth Amendment claims for damages against Byers and Straughn, in their official capacities, are dismissed with prejudice; but Kerr's remaining Eighth Amendment claims against them may proceed. Signed by Judge D. P. Marshall Jr. on 11/22/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JERRY KERR
ADC #138631
v.
PLAINTIFF
No. 5:16-cv-243-DPM-JTR
JARED BYERS, Assistant Deputy Warden,
Cummins Unit; JAROD BYRD, Doctor,
Cummins Unit; WILLIAM STRAUGHN,
Head Warden, Cummins Unit; and ESTELLA
BLAND, Nurse Practitioner, Cummins Unit
DEFENDANTS
ORDER
Unopposed partial recommendation, NQ 22, adopted. FED. R. CIV. P.
72(b) (1983 addition to advisory committee notes).
Kerr's Fourteenth
Amendment claims are dismissed without prejudice for failure to state a
claim. The motion to dismiss, NQ 9, is granted in part and denied in part:
Kerr's Eighth Amendment claims for damages against Byers and Straughn,
in their official capacities, are dismissed with prejudice; but Kerr's remaining
Eighth Amendment claims against them may proceed.
So Ordered.
i
D.P. Marshall Jr.
United States District Judge
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