Chittum v. Cain et al

Filing 28

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS. Plaintiff's Claims against all Defendants except Defendants Watson, Cain and Clark County are DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on January 20, 2017. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION

JAMES CHITTUM

V.

PLAINTIFF

CASE NO. 6:15-CV-06044

DEPUTY CAIN, et al.

DEFENDANTS

ORDER
Before the Court is the Report and Recommendation filed October 19, 2016, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 18). Judge Bryant recommends that Plaintiff's claims against all Defendants except
Defendant Watson, Defendant Cain, and Defendant Clark County be dismissed without prejudice
pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i),(ii), and (iii) and 1915A(b). Judge Bryant further
recommends that Plaintiff’s claims of First Amendment retaliation against Defendants Cain and
Watson, as well as Plaintiff’s excessive force claim against Defendant Cain, remain for further
consideration. Likewise, Judge Bryant recommends that Plaintiff’s claim for injury due to black
mold exposure be allowed to proceed against Defendant Clark County.
The parties have not filed objections to the Report and Recommendation even though
Plaintiff’s Motion for Extension of Time to File Objections (ECF No. 26) was granted. The time
to object has now passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and
Recommendation in toto. Plaintiff’s claims against all Defendants except Defendants Watson,
Cain, and Clark County are hereby DISMISSED WITHOUT PREJUDICE. Plaintiff’s claims
against (1) Defendant Watson for First Amendment retaliation; (2) Defendant Cain for First

Amendment retaliation and excessive force; and (3) Defendant Clark County for unconstitutional
conditions of confinement remain for further consideration.
IT IS SO ORDERED, this 20th day of January, 2017.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

2