Morehead v. Sholmes

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
WALTER VANCE MOREHEAD
a/k/a Lucas Dejuan Brasier 	PLAINTIFF
v. 	Case No. 1:24-cv-01098
NURSE STEPHANIE SHOLMES;
DAVID NORWOOD; JOHNATHAN
TUBBS; and CLARENCE CAPPS 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed March 12, 2025, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 10). 	Judge Bryant recommends that Plaintiff’s claims against Defendant David
Norwood (“Defendant Norwood”), Plaintiff’s official capacity claims, and Plaintiff’s conditions
of confinement claim be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim
upon which relief may be granted. 	(ECF No. 10, at 8). 	Judge Bryant also recommends that
Plaintiff’s excessive force and denial of medical care claims against Defendants Nurse Stephanie
Sholmes (“Defendant Sholmes”), Johnathan Tubbs (“Defendant Tubbs”), and Clarence Capps
(“Defendant Capps”) in their individual capacity proceed for further litigation.
Plaintiff has not responded to the Report and Recommendation, and the time to do so has
passed. See 28 U.S.C. § 636(b)(1). Upon review, finding no clear error on the face of the record
and that Judge Bryant’s reasoning is sound, the Court adopts the Report and Recommendation
(ECF No. 10) in toto. 	Accordingly, the Court finds that Plaintiff’s claims against Defendant
Norwood, Plaintiff’s official capacity claims, and Plaintiff’s conditions of confinement claim
should be and hereby are DISMISSED WITHOUT PREJUDICE. 	Plaintiff’s excessive force
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and denial of medical care claims against Defendant Sholmes, Defendant Tubbs, and Defendant
Capps in their individual capacity may proceed for further litigation.
IT IS SO ORDERED, this 7th day of April, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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