Parham v. Vestal

Filing 13

ORDER ADOPTING 9 Report and Recommendations. Plaintiff's official capacity claim against Defendant Vestal is DISMISSED WITHOUT PREJUDICE, individual capacity claim remains. Signed by Honorable Susan O. Hickey on August 15, 2016. (hnc)

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

JERRY PARHAM

v.

PLAINTIFF

Civil No. 6:16-cv-6001

VESTAL, LPN CCS
DEFENDANT
ORDER
Before the Court is the Report and Recommendation filed July 22, 2016, by the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 9. Judge Ford recommends that Plaintiff’s official capacity claim against Defendant
Vestal be dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i-iii) and
1915A(a). 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, Plaintiff’s official capacity claim against Defendant
Vestal is DISMISSED WITHOUT PREJUDICE. Plaintiff’s individual capacity claim against
Defendant Vestal remains for further resolution.
IT IS SO ORDERED, this 15th day of August, 2016.

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