King v. White et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ELIJAH JONQUAILDESHAWN KING 	PLAINTIFF
v. 	Case No. 4:24-cv-4084
WARDEN JOHN MINERS; MAJOR
VICKY WALKER; CORPORAL LEUGENE
WHITE; LIEUTENANT BRIAN MARTIN;
CORPORAL LUCAS MCCLAIN 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable
Christy D. Comstock, United States Magistrate Judge for the Western District of Arkansas. ECF
No. 10. Upon preservice screening of Plaintiff’s Amended Complaint (ECF No. 8) pursuant to 28
U.S.C. § 1915A(a), Judge Comstock recommends that: 1) Plaintiff’s conditions of confinement
claim against Defendant Leugene White in his individual capacity procced, 2) Plaintiff’s
conditions of confinement claim against Lucas McClain in his individual capacity proceed, 3)
Plaintiff’s conditions of confinement claim against Defendants White and McClain in their official
capacities be dismissed without prejudice, 4) Plaintiff’s due process claim against Defendant
White be dismissed without prejudice, and 5) Plaintiff’s claims against Defendants John Miners,
Vicky Walker, and Brian Martin be dismissed without prejudice and these Defendants be
terminated from this matter. 	Plaintiff has not objected to the R&R, 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 Comstock’s
reasoning is sound, the Court adopts the R&R (ECF No. 10) in toto. 	Accordingly, Plaintiff’s
conditions of confinement claim against Defendants White and McClain in their individual
capacities may proceed. 	All of Plaintiff’s other claims hereby are DISMISSED WITHOUT
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PREJUDICE. Defendants John Miners, Vicky Walker, and Brian Martin hereby are terminated
from this action.
IT IS SO ORDERED, this 12th day of November, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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