Radford v. Moore et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 separate defendants Rita Phillips, Andrew Wollfley, Quintan Bailey and Lisa Pennington (Nurse) are dismissed with prejudice; claims of excessive force against Officers Moore, Lark and Kirby remain. Signed by Honorable Susan O. Hickey on July 30, 2014. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
Civil No. 1:14-CV-1021
DANIEL MOORE, et al.
Before the Court is the Report and Recommendation filed July 1, 2014, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 11.
Judge Bryant recommends that Plaintiff’s claims challenging his incarceration be dismissed and that
all claims against Nurse Lisa Pennington, Dr. Andrew Wollfley, Quinton Bailey, and Rita Phillips
be dismissed. No party has filed objections to the Report and Recommendation, and the time to
object has passed. See 28 U.S.C. § 636(b)(1)(C). Upon review, the Court adopts the Report and
Recommendation in toto. Plaintiff’s claims challenging his incarceration are DISMISSED; all of
Plaintiff’s claims against Nurse Lisa Pennington, Dr. Andrew Wollfley, Quinton Bailey, and Rita
Phillips are DISMISSED; and Nurse Lisa Pennington, Dr. Andrew Wollfley, Quinton Bailey, and
Rita Phillips are DISMISSED from this action without prejudice pursuant to 28 U.S.C. §§
1915(e)(2)(B)(I-iii) and 1915(A). Plaintiff’s claim of excessive force against Officers Moore, Lark,
and Kirby remain.
IT IS SO ORDERED, this 30th day of July, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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