Atkisson v. Cradduck et al

Filing 23

ORDER ADOPTING 8 Report and Recommendations ; Jesus Martinez and Matt ((last name unknown), Manager of Keefe Commissary) are Dismissed Without Prejudice. Signed by Honorable P. K. Holmes, III on March 13, 2015. (src)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ERIC E. ATKINSON v. PLAINTIFF Case No. 5:14-CV-05126 SHERIFF KELLEY CRADDUCK; JAIL ADMINISTRATOR JEREMY GUYLL; LIEUTENANT STEVEN DARNER; LIEUTENANT JESUS MARTINEZ; MATT (last name unknown), Manager of Keefe Commissary; JOHN DOE, Mail Room Clerk; and CHIEF DEPUTY ROB HOLLY DEFENDANTS ORDER Currently before the Court are the proposed findings and recommendations (Doc. 8) filed in this case on January 14, 2015, by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. The time for filing objections has passed, and no objections have been filed by any party. The Court has reviewed this case and finds that the report and recommendation is proper, contains no clear error, and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate’s report and recommendations, IT IS ORDERED that all claims against Defendant Matt (last name unknown) and Lieutenant Jesus Martinez are DISMISSED WITHOUT PREJUDICE as frivolous and for failure to state a claim upon which relief may be granted. 28 U.S.C. § 1915A(b)(1). IT IS SO ORDERED this 13th day of March, 2015. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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