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)

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