Tarkington v. Burl et al

Filing 16

ORDER adopting the 5 partial recommended disposition. Accordingly, Tarkington's claims against defendant Kirk Sterling for filing a false disciplinary report; defendant James Carton for not allowing video footage at his disciplinary hearing; and defendant Wendy Kelley for the failure-to-train and the failure-to-supervise are all dismissed without prejudice. Signed by Chief Judge Brian S. Miller on 11/23/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHNNY TARKINGTON
ADC #85550
v.

PLAINTIFF

CASE NO: 5:16-CV-00324 BSM

DANNY BURL, et al.

DEFENDANTS
ORDER

The partial recommended disposition (“PRD”) submitted by United States Magistrate
Judge Beth Deere [Doc. No. 5] has been reviewed. Plaintiff Johnny Tarkington filed
objections [Doc. No. 15], though his filing focuses on defendants’ unrelated motion to
dismiss [Doc. No. 13] rather than the PRD. After reviewing the record, including the
relevant portions of Tarkington’s objections, the PRD is adopted.
Accordingly, Tarkington’s claims against defendant Kirk Sterling for filing a false
disciplinary report; defendant James Carlton for not allowing video footage at his disciplinary
hearing; and defendant Wendy Kelley for the failure-to-train and the failure-to-supervise are
all dismissed without prejudice.
IT IS SO ORDERED this 23rd day of November 2016.

________________________________
UNITED STATES DISTRICT JUDGE