Jackson v. Nevada County Sheriff's Department

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations. Official capacity claims dismissed without prejudice as to all defendants; individual capacity claims dismissed without prejudice as to Danny Martin. Danny Martin terminated. Signed by Honorable Susan O. Hickey on December 19, 2012. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TIMOTHY HANK JACKSON
VS.

PLAINTIFF
Civil No. 4:12-cv-4023

SHERIFF DANNY MARTIN;
RAY MARTIN; CAROL PRUITT
WAYNE KISSELBURG;
JOSEPH BEAVERS; JOHNNY WEAVER;
and JOHN DOE

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed November 29, 2012, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 21). This case was referred to Judge Bryant for preservice screening under the provisions
of the Prison Litigation Reform Act, 28 U.S.C. § 1915A. Judge Bryant recommends that Plaintiff’s
official capacity claims be dismissed without prejudice as to all Defendants. Judge Bryant further
recommends that Plaintiff’s individual capacity claims against Defendant Sheriff Danny Martin be
dismissed without prejudice.

The parties have not filed objections to the Report and

Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court
adopts the Report and Recommendation in toto. Plaintiff’s claims against all Defendants in their
official capacities and Sheriff Danny Martin in his individual capacity are DISMISSED WITHOUT
PREJUDICE. Plaintiff’s individual capacity claims against Defendants Johnny Weaver, Wayne
Kissleberg, Joseph Beavers, Carol Pruitt, Ray Martin, and John Doe remain.
IT IS SO ORDERED, this 19th day of December, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge