Waller v. Means et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations, separate defendants Angela Means and Cathy Phillips dismissed; plaintiffs individual capacity claims against defendants Rice, Mitchell, and McGough regarding denial of medical care, and conditions of confinement remain for further consideration. Signed by Honorable Susan O. Hickey on May 12, 2015. (cnn)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
KENNETH WAYNE WALLER
v.

PLAINTIFF
Case No. 1:15-cv-01010

NURSE SHERI RICE; CAPTAIN
MITCHELL; DETECTIVE ANGELA
MEANS; DETECTIVE CATHY PHILLIPS;
and SHERIFF MIKE MCGOUGH

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed April 23, 2015 by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 8).
Judge Bryant recommends that Plaintiff’s claims of slander, false charges, violations of the Freedom
of Information Act, and harassment all be dismissed. He recommends that Defendants Angela Means
and Cathy Phillips be dismissed.
The parties have not objected to the Report and Recommendation and the time to object has
passed. See 28 U.S.C. § 636(b)(1). The Court adopts the Report and Recommendation in toto.
Accordingly, Plaintiff's claims of slander, claims of false charges, claims regarding the Freedom of
Information Act, and claims of harassment are hereby DISMISSED pursuant to 28 U.S.C.
§§ 1915(e)(2)(B)(i-iii) and 1915A(a). As no claims remain against Defendants Angela Means and
Cathy Phillips, these defendants are hereby dismissed from this action. Plaintiff’s individual capacity
claims against Defendants Rice, Mitchell, and McGough regarding denial of medical care, and
conditions of confinement remain for further consideration.
IT IS SO ORDERED, this 12th day of May, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
1

United States District Judge

2