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)

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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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