Hampton v. Walker et al

Filing 36

ORDER partly adopting and partly declining 32 Partial Recommendation and partly sustaining 35 Objection. The Court declines without prejudice the recommendation on Hampton's official capacity claims for prospective injunctive and declaratory relief. Official capacity claims against Walker for damage are dismissed with prejudice. 21 Motion to dismiss partly granted and partly denied without prejudice. 33 Partial Recommendation is adopted. 26 Motion for summary judgment is denied. The Court returns this case to the Magistrate Judge to handle any other pretrial matters, including Hampton's 25 pending motion to appoint counsel. Signed by Judge D. P. Marshall Jr. on 12/17/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ALONZO HAMPTON
ADC #137559

PLAINTIFF

No. 5:17-cv-149-DPM-JTR

v.

KEONTIS M. WALKER, Correctional
Officer, Varner Unit, ADC

DEFENDANT

ORDER
1. On de nova review, the Court partly adopts and partly declines

the 6 November 2018 partial recommendation, NQ 32, and partly
sustains Hampton's objection, NQ 35.

FED.

R. CIV. P. 72(b)(3).

Hampton says that although he's now housed at another ADC unit,
Walker has been transferred to that same unit. NQ 35 at 1. The Court
therefore

declines

without

prejudice

the

recommendation

on

Hampton's official capacity claims for prospective injunctive and
declaratory relief. The recommendation is adopted as to any official
capacity claims against Walker for damages.
with prejudice.

Those are dismissed

The motion to dismiss, NQ 21, is partly granted and

partly denied without prejudice.
2. The unopposed 7 November 2018 partial recommendation,

NQ 33, is adopted.

FED.

R. CIV. P. 72(b) (1983 addition to advisory

committee notes). Hampton's motion for summary judgment, NQ 26,
is denied.

3. The Court will enter a final scheduling order setting a trial date
and any remaining pretrial deadlines. The Court returns this case to
the Magistrate Judge to handle any other pretrial matters, including
Hampton' s pending motion to appoint counsel, NQ 25.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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