Todd v. Ross et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations. Plaintiff's conditions of confinement claim; grievance claim and all official capacity claims are dismissed. Defendants Aimes and Johnson are dismissed from this action. Signed by Honorable Susan O. Hickey on July 22, 2013. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
MICHAEL TODD
VS.

PLAINTIFF
Civil No. 4:13-cv-4044

HEATH ROSS; SIMONE AIMS;
OFFICER JOHNSON; SERGEANT ZUMWALT;
and CAPTAIN GODBOLT

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed June 13, 2013, 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 conditions of confinement claim; grievance claim; and all
official capacity claims be dismissed. Judge Bryant further recommends that Aimes and Johnson
be dismissed from this case.
The parties have not filed objections to the Report and Recommendation, and the time to
object has passed.1 See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and
Recommendation in toto. Plaintiff’s conditions of confinement claim; grievance claim; and all
official capacity claims are DISMISSED. Accordingly, both Aimes and Johnson are dismissed from
this action. This leaves for later resolution Plaintiff’s due process claims against Heath Ross, Sgt.
Zumwalt, and Captain Godbolt in their individual capacities.
IT IS SO ORDERED, this 22nd day of July, 2013.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

1

The Report and Recommendation was returned as undeliverable on June 20, 2013. On July 1,
2013, Judge Bryant ordered that the Report and Recommendation be re-sent to a new address that was
obtained by the Court. There has been no further notice that the Report and Recommendation sent on
July 1 was undeliverable.