Weston v. Bunns et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations. See Order for specifics. Signed by Honorable Susan O. Hickey on January 9, 2014. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CHRISTOPHER WESTON VS. PLAINTIFF Civil No. 4:13-cv-4105 FACILITY; TONY YOKEN; and OFFICER DERRICK BUNNS DEFENDANTS ORDER Before the Court is the Report and Recommendation filed December 19, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 10). Judge Bryant recommends that the following claims be dismissed without prejudice: all of Plaintiff's official capacity claims against any Defendants; all of Plaintiff’s claims against Judge Yoken, X. Bland, X Stone, A. Courtney, D. Muldrew, J. Godbolt, D. Glover, A. Biddle, Sheriff Crane, Chief J.B. Wilson, K. Tomlinson, and X. Coranada; and all of Plaintiff’s claims relating to arrests made in May 2002, May 2008, and March 2010. 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. The claims specified above are DISMISSED WITHOUT PREJUDICE. This leaves for later resolution Plaintiff’s individual capacity claims against Officer Burns for use of excessive force. IT IS SO ORDERED, this 9th day of January, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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