Opinion
4:21-cv-4090
03-08-2022
TEX TYRONE LAVALL SCOTT PLAINTIFF v. WARDEN HOLDEN, Miller County Detention Center “MCDC”, et al. DEFENDANTS
ORDER
Susan O. Hickey Chief United States District Judge
Before the Court is the Report and Recommendation filed February 18, 2022, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 11). Judge Bryant conducted a preservice screening of Plaintiff's complaint and now recommends that the Court dismiss some of Plaintiff's claims pursuant to 28 U.S.C. § 1915A.
Plaintiff has not filed objections to the Report and Recommendation and the time to do so has passed. See 28 U.S.C. § 636(b)(1). Being well and sufficiently advised, and finding no clear error on the face of the record, the Court adopts the Report and Recommendation (ECF No. 11) in toto.
Plaintiff's claims against Defendants James Moore and Douglas McCormick are hereby DISMISSED WITHOUT PREJUDICE. Plaintiff's official capacity claim against the State of Arkansas is DISMISSED WITH PREJUDICE. Plaintiff's official capacity claims against all other Defendants are DISMISSED WITHOUT PREJUDICE. Plaintiff's individual capacity claims against all Defendants for theft of property are DISMISSED WITH PREJUDICE. Plaintiff's individual capacity claims against all Defendants for failure to respond to grievances and for failure to conduct a criminal investigation are DISMISSED WITH PREJUDICE. Plaintiff's individual capacity claim against Defendant Steven King for overcharging for medical care is DISMISSED WITH PREJUDICE. Plaintiff's individual capacity claim against Defendant Steven King for denial of medical care is the sole remaining claim and will remain for service.
IT IS SO ORDERED,