Ferraiuolo v. Stovall et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 ; Sergeant Moon and Corporal Sturdeuant dismissed without prejudice. Signed by Honorable Susan O. Hickey on August 1, 2014. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ANTHONY FERRAIUOLO VS. PLAINTIFF Civil No. 4:14-cv-4066 RON STOVALL; WARDEN BRAZELL; CAPTAIN MORGAN; LIEUTENANT ADAMS SERGEANT PEEKS; CORPORAL SANDERS; CORPORAL STURDEUANT; OFFICER EVERETT; SERGEANT MOON DEFENDANTS ORDER Before the Court is the Report and Recommendation filed July 7, 2014, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 7). Judge Bryant recommends that Plaintiff’s claims against Defendant Sturdeuant and Defendant Moon be dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i-iii) and 1915A(a). 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 these two Defendants are DISMISSED WITHOUT PREJUDICE. Plaintiff’s individual and official capacity claims against Defendants Stovall, Warden Brazell, Captain Morgan, Lieutenant Adams, Sergeant Peeks, Corporal Sanders, and Officer Everett remain. IT IS SO ORDERED, this 1st day of August, 2014. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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