Camacho-Ortiz v. Wallace et al

Filing 29

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS and granting in part and denying in part 22 Motion for Summary Judgment; James Smith, Nate Tucker, Officer Foster, Sergeant Michelle Wallace, Caleb Kelly, and Steven Scott terminated. Signed by Honorable Timothy L. Brooks on July 26, 2016. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

PLAINTIFF

BOBBY JAMES CAMACHO-ORTIZ

v.

CASE NO. 5:15-CV-5218

SERGEANT MICHELLE WALLACE; CORPORAL
CALEB KELLY; OFFICER NATE TUCKER;
OFFICER ZACHARY HALE; OFFICER CHRIS FOSTER;
OFFICER JAMES SMITH ; OFFICER STEVEN SCOTT;
OFFICER JAMES SHARP; and SERGEANT
RANDALL McELROY

DEFENDANTS

ORDER

Comes on for consideration the Report and Recommendation (Doc. 28) filed in this
case on June 14, 2016, by the Honorable Erin L. Setser, United States Magistrate Judge
for the Western District of Arkansas . Fourteen (14) days have passed without objections
being filed by the parties.
The Court has reviewed this case and , being well and sufficiently advised , finds as
follows : the Report and Recommendation is proper and should be and hereby is
ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate

Judge's Report and Recommendation , Defendants' Motion for Summary Judgment (Doc.
19) is GRANTED IN PART AND DENIED IN PART. Specifically, with the agreement of the
parties (1) the claims against Sergeant Michelle Wallace are dismissed without prejudice
on the grounds that she could not be located to serve; (2) Plaintiff's claim that he was
retaliated against and/or punished by being placed in administrative segregation is
dismissed without prejudice ; (3) all claims against Officer Steven Scott are dismissed with

prejudice; (4) all official capacity claims are dismissed with prejudice ; and (5) all claims
against Corporal Kelly, Officer Smith, Officer Foster, and Officer TLcker are dismissed with
prejudice.
This leaves for later resolution the claims against Officer Hale (related to his conduct
in cell E-224) , Officer Sharp, and

Serge ~

IT IS SO ORDERED on this

2b.,,,

McElro

day o Jul , 2016 .

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