Townsend v. Singleton et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations, dismissing official capacity claims against all defendants, and dismissing without prejudice Plaintiff's individual capacity claims against James Singleton (Sheriff, Hempstead County, AR), Johnny Godbolt (Jail Administrator) and Veronica Mauldin. James Singleton, Johnny Godbolt and Veronica Mauldin terminated. Signed by Honorable Susan O. Hickey on February 11, 2013. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JACOB JAMES TOWNSEND vs. PLAINTIFF Civil No. 12-CV-4072 SHERIFF JAMES SINGLETON; JOHNNY GOODBOLT; SGT. VERONICA MAULDIN; OFFICER PIERRE SUMMERVILLE; OFFICER SIMEON AIMES; and LT. KEVIN MELLSON DEFENDANTS ORDER Before the Court is the Report and Recommendation filed January 3, 2013, 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 official capacity claims against all Defendants and his individual capacity claims against Separate Defendants Sheriff Singleton, Captain Goodbolt, and Sergeant Mauldin be DISMISSED without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(I-iii) and 1915A(a). Plaintiff has 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. Accordingly, the Court finds that Plaintiff’s official capacity claims against all Defendants and Plaintiff’s individual capacity claims against Separate Defendants Sheriff Singleton, Captain Goodbolt, and Sergeant Mauldin should be and hereby are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 11th day of February, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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