Hamner v. Kelley et al

Filing 35

ORDER approving and adopting the 30 Recommended Disposition as this Court's findings in all respects; denying Naylor and Waddle's 15 motion to dismiss; dismissing, without prejudice, Hamner's retaliation claim against defendan t Hopson; and dismissing, without prejudice, Hamner's equal protection claim, right of association claim, due process claim, as well as his claim that defendants violated ADC policy. Hamner may proceed on his retaliation claims against defendants Waddle, Naylor, White, and Kelley. The Clerk is instructed to terminate defendants Hopson and Lowe as party defendants. Signed by Judge J. Leon Holmes on 3/22/2017. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES E. HAMNER, ADC #143063
v.

PLAINTIFF

NO. 5:16CV00369 JLH/BD

WENDY KELLEY, et al.

DEFENDANTS
ORDER

The Court has received a Recommended Disposition (“Recommendation”) from Magistrate
Judge Beth Deere. After careful review of the Recommendation, Mr. Hamner’s timely objections,
as well as a de novo review of the record, the Court concludes that the Recommendation should be,
and hereby is, approved and adopted as this Court’s findings in all respects.
Hamner may proceed on his retaliation claims against defendants Waddle, Naylor, White,
and Kelley. His retaliation claim against defendant Hopson is DISMISSED, without prejudice, and
the Clerk is instructed to terminate defendant Hopson as a party defendant. Hamner’s equal
protection claim, right of association claim, due process claim,1 as well as his claim that defendants
violated ADC policy are DISMISSED, without prejudice. In addition, the Clerk is instructed to
terminate defendant Lowe as a party defendant.
The motion to dismiss filed by defendants Naylor and Waddle (Document #15) is DENIED.
IT IS SO ORDERED this 22nd day of March, 2017.

__________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

1

The current partial recommended disposition (Document #30) does not explicitly discuss
Hamner’s due process claim. That claim was addressed in the earlier partial recommended
disposition. Document #5 at 3-4. Hamner’s amended complaint fails to rectify the deficiency in the
due process claim as noted by Judge Deere there.