Jones v. Miller et al

Filing 121

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 107 ; granting 63 Motion for Summary Judgment; granting 66 Motion for Summary Judgment; claims against separate defendants Carolyn Byrd,Sheila Jackson, James Kitchen, John Burnside and Alice Woods are dismissed with prejudice; Shaun Doe is dismissed from this lawsuit. Signed by Honorable Susan O. Hickey on August 5, 2015. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
BENJAMIN MUHAMMAD JONES
V.

PLAINTIFF

CASE NO. 12-CV-1071

JOHN BURNSIDE, et al.

DEFENDANTS

BENJAMIN MUHAMMAD JONES
V.

PLAINTIFF

CASE NO. 12-CV-1091

JOHN BURNSIDE, et al.

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed May 27, 2015, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 107.
Judge Bryant recommends that the Motion for Summary Judgment filed by Separate Defendants
Carolyn Byrd, Sheila Jackson, and James Kitchen (ECF No. 63) be granted. Judge Bryant further
recommends that the Motion for Summary Judgment (ECF No. 66) filed by Separate Defendants
John Burnside and Alice Woods be granted. Judge Bryant also recommends that Separate Defendant
Shaun Doe be dismissed from this lawsuit.
Plaintiff has responded with objections, and the Court has reviewed the objections. ECF No.
112. The Court, being well and sufficiently advised, finds that Plaintiff’s objections offer neither
law nor fact requiring departure from the Report and Recommendation.1 After reviewing the record
de novo, the Court adopts the Report and Recommendation in toto.

1

The Court notes that Plaintiff’s objections address only his due process claims against Separate Defendants Byrd,
Kitchen, and Jackson in their individual capacities. Plaintiff claims that these Separate Defendants improperly disposed
of his personal property from his Warren Housing Authority apartment. Judge Bryant found that, because adequate state
law, post-deprivation remedies were available to Plaintiff, his due process claims must fail. In his objections, Plaintiff
does not argue that these state law, post-deprivation remedies were not available.

Accordingly, the Motion for Summary Judgment filed by Separate Defendants Carolyn Byrd,
Sheila Jackson, and James Kitchen (ECF No. 63) is GRANTED, and all claims against these
Separate Defendants are DISMISSED WITH PREJUDICE. The Motion for Summary Judgment
(ECF No. 66) filed by Separate Defendants John Burnside and Alice Woods is also GRANTED, and
all claims against these Separate Defendants are DISMISSED WITH PREJUDICE. Further,
Separate Defendant Shaun Doe is DISMISSED from this lawsuit
IT IS SO ORDERED, this 5th day of August, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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