Mendoza v. Godbolt et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 19 ; denying 11 Motion to Dismiss. Jailer Pindergrass and Booking Staff Stacy terminated. Signed by Honorable Susan O. Hickey on August 7, 2017. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SANTOS MENDOZA v. PLAINTIFF Civil No. 4:17-cv-4001 CAPTAIN GODBOLT; JAILER MCMORES; SGT. HEARTMAN; JAILER PINDERGRASS; JAILER SMITH; SGT. CATO; LT. ROSS; JAILER BLAND; JAILER GOLD HINSON; BOOKING STAFF MACHO; BOOKING STAFF JONES; MAYS; BOOKING STAFF STACEY; BOOKING STAFF ROBINSON; SGT. MALONE; BOOKING STAFF TARPLER; COOK FINCHER; BOOKING STAFF MAXFIELD DEFENDANTS ORDER Before the Court is the Report and Recommendation filed July 18, 2017, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 19. Judge Bryant recommends that Defendants’ Motion to Dismiss (ECF No. 11) be denied. Judge Bryant further recommends that Defendants Pindergrass and Stacey be dismissed as a result of Plaintiff failing to provide sufficient information to effectuate service. No party has filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Upon review, the Court adopts the Report and Recommendation in toto. Accordingly, Defendants’ Motions to Dismiss (ECF No. 11) is DENIED. Plaintiff’s claims against Defendants Pindergrass and Stacey are DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 7th day of August, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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