Whitney v. Kelly et al

Filing 99

ORDER adopting the 4 Proposed Findings and Recommendations with one modification and dismissing separate defendant Wendy Kelley from this action without prejudice. Signed by Judge Kristine G. Baker on 6/27/2017. (mef)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JAMES E. WHITNEY
ADC #163817
v.

PLAINTIFF

Case No. 5:16-cv-00353 KGB/JTK

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The Court has received Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerome T. Kearney (Dkt. No. 4). Plaintiff James E. Whitney filed timely
objections to the Proposed Findings and Recommendations (Dkt. No. 7). After a review of the
Proposed Findings and Recommendations, and the timely objections received thereto, as well as a
de novo review of the record, the Court adopts the Proposed Findings and Recommendations with
one modification (Dkt. No. 4). Separate defendant Wendy Kelley is dismissed from this action
without prejudice. 1
It is so ordered this 27th day of June, 2017.

__________________________________
Kristine G. Baker
United States District Judge

1

The Proposed Findings and Recommendations provide that Director Kelley be dismissed
with prejudice but acknowledge that the complaint includes no mention of or allegations against
Director Kelley (Dkt. No. 4, at 4).