Phillips v. Singleton al

Filing 32

ORDER granting 28 Motion for Judgment on the Pleadings. Excessive force claim dismissed. Case will proceed on denial of medical care and unconstitutional conditions of confinement claims. Defendants Heath Ross and James Singleton terminated. Signed by Honorable Barry A. Bryant on February 26, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MICHAEL PHILLIPS PLAINTIFF v. Civil No. 4:15-cv-04051 SHERIFF JAMES SINGLETON; LIEUTENANT HEATH ROSS; SERGEANT CATHY FLINCHER; JAIL ADMINISTRATOR JOHNNY GODBOLT; and JOAN McCLEAN, Nurse Practitioner DEFENDANTS OPINION AND ORDER This is a civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff proceeds pro se and in forma pauperis. The case is before me on the consent of the parties (ECF No. 14). Defendants have filed a Motion for Partial Judgment on the Pleadings (ECF No. 28). Plaintiff has not responded to the Motion. 1. Background Plaintiff filed his Amended Complaint (Doc. 25) on February 3, 2016. In the caption of the case, he lists Sheriff James Singleton and Lieutenant Heath Ross as Defendants. However, in the portion of the Complaint where he is directed to name each Defendant he lists only Jail Administrator Johnny Godbolt, Sergeant Flincher, and Joan McClean, Nurse Practitioner, as Defendants. As claims, he lists excessive force, denial of medical care, and unconstitutional conditions of confinement. However, the Amended Complaint does not contain any factual allegations regarding an excessive force claim. -1- 2. Applicable Standard On a motion for judgment on the pleadings, a court applies the same standard as in a 12(b)(6) motion for failure to state a claim. See Glover v. Merck & Co., Inc., 345 F. Supp. 2d 994, 996 (D. Minn. 2004)(citing St. Paul Ramsey County Medical Ctr. v. Pennington County, S.D., 857 F.2d 1185, 1187 (8th Cir. 1988)). Rule 8(a) contains the general pleading rules and requires a complaint to present “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “In order to meet this standard, and survive a motion to dismiss under Rule 12(b)(6), ‘a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.’” Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009)(quoting Ashcroft v. Iqbal, 556 U.S.662, 678 (2009)). 3. Discussion Sheriff Singleton and Lieutenant Ross are clearly entitled to judgment on the pleadings. They are listed only in the caption of the Amended Complaint. The Amended Complaint contains no factual allegations against them. Similarly, there are no factual allegations as to the excessive force claim. 4. Conclusion The Partial Motion for Judgment on the Pleadings (ECF No. 28) is GRANTED. All claims against Sheriff Singleton and Lieutenant Ross are DISMISSED. The excessive force claim is also DISMISSED. The case will proceed on the denial of medical care and unconstitutional conditions of confinement claims. IT IS SO ORDERED this 26th day of February 2016. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE -2-

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