Opinion
4:23-cv-1044-DPM
07-24-2024
ROLANDIS CHATMON ADC #140078 PLAINTIFF v. JAMES GIBSON, Former Superintendent, ADC; BRANDON CARROLL, Deputy Warden/Former Chief of Security, Varner Supermax, ADC; ROOSEVELT BARDEN, Chief of Security, Varner Supermax, ADC; and FLORA WASHINGTON, Classification Officer, Varner Supermax, ADC DEFENDANTS
ORDER
D.P. Marshall Jr. United States District Judge
On de novo review, the Court adopts Magistrate Judge Moore's partial recommendation, Doc. 14, and overrules Chatmon's objections, Doc. 15. Fed.R.Civ.P. 72(b)(3). The letter Chatmon attaches to his objections is dated almost a year after Washington said that "Gibson said he ain't never getting out due to a letter he wrote Gibson." Doc. 15 at 9; Doc. 2 at 7. That letter therefore cannot be the basis of Gibson's alleged retaliation. And his objections don't provide any facts beyond speculation demonstrating that the defendants had a retaliatory motive. Sisneros v. Nix, 95 F.3d 749, 752 (8th Cir. 1996). Chatmon's retaliation claims against Gibson, Carroll, Barden, and Washington are dismissed without prejudice. His other claims go forward as specified. Doc. 14 at 16. His motion for prospective injunctive relief, Doc. 11, is denied.
So Ordered.