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)

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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

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