White v. Spells et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
BUDDY LYNN WHITE 	PLAINTIFF
v. 	Case No. 6:22-cv-06037
SERGEANT SPELL,
SUPERINTENDENT BYERS and
MS. VICKY RAWLINS (Inmate Grievance
Coordinator) (All of the Arkansas Division of
Correction Ouachita River Unit) 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation issued by the Honorable Mark E.
Ford, United States Magistrate Judge for the Western District of Arkansas. ECF No. 72. Judge
Ford recommends that Defendant Byers and Defendant Rawlins’ Motion for Judgment on the
Pleadings (ECF No. 64) be granted in part and denied in part.
No party has filed an objection to the Report and Recommendation, and the time to do so
has passed. See 28 U.S.C. § 636(b)(1). Upon review, finding that there is no clear error on the
face of the record and that Judge Ford’s reasoning is sound, the Court adopts the Report and
Recommendation (ECF No. 72) in toto. 	Defendant Byers and Defendant Rawlins’ Motion for
Judgment on the Pleadings (ECF No. 64) is hereby GRANTED IN PART and DENIED IN
PART. 	Plaintiff’s official capacity claims against Defendant Byers and Defendant Rawlins are
hereby DISMISSED. 	Plaintiff’s individual capacity claims against Defendant Byers and
Defendant Rawlins shall remain.
IT IS SO ORDERED, this 24th day of July, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 6:22-cv-06037-SOH-MEF Document 78 Filed 07/24/24 Page 1 of 1 PageID #:
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