Hall v. Clark et al

Filing 19

ORDER granting in part and denying in part 14 Motion to Dismiss for Failure to State a Claim, see order for specifics. The Court adopts the 16 Report and Recommendation in toto. Signed by Honorable Susan O. Hickey on March 13, 2015. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
JERRIC HALL
v.

PLAINTIFF
Case No. 6:13-cv-06118

LIEUTENANT CLARK; and
WARDEN DALE REED

DEFENDANTS
ORDER

Before the Court is the Report and Recommendation filed February 23, 2015, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 16). Judge Bryant recommends Defendant’s Motion to Dismiss (ECF No. 14) be granted
in part and denied in part and Plaintiff’s individual capacity claims against Defendant Reed be
dismissed.
The parties have not filed objections to the Report and Recommendation, and the time to
object has passed. See 28 U.S.C. § 636(b)(1). The Court adopts the Report and Recommendation
in toto. Defendant’s Motion to Dismiss (ECF No. 14) is hereby GRANTED in part and DENIED
in part. Specifically, Plaintiff’s official capacity claims against Defendants Reed and Clark and
Plaintiff’s individual capacity claims against Defendant Reed are DISMISSED without prejudice.
Plaintiff’s individual capacity claim for excessive force against Defendant Clark is the sole
remaining claim.
IT IS SO ORDERED, this 13th day of March, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge