McVay v. Trey et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
RICHARD THOMAS MCVAY,
also known as Ricky McVay,
also known as Tommy McVay 	PLAINTIFF
v. 	Case No. 4:24-cv-04080
OFFICER TREY BAKER, NCDC;
OFFICER WILLIAM STRICKLAND, NCDC;
LIEUTENANT KARREN GHORMLEY, NCDC;
CAPTAIN STEVE OTTWELL, NCDC; OFFICER
PAULA, NCDC; JANE and JOHN DOE; and
MEDICAL STAFF 	DEFENDANTS
ORDER
Before the Court is the Report and Recommendation filed August 8, 2024, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. 	(ECF No. 8).
Judge Bryant recommends that Plaintiff Richard Thomas McVay’s (“Plaintiff”) excessive force claim
against Defendants Baker, Strickland, Ghormley, Ottwell, and Paula in their individual capacities proceed.
Judge Bryant also recommends that all other claims be dismissed without prejudice and that Defendants
Jane Doe, John Doe, and Medical Staff be terminated from this case.
Plaintiff has not responded 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. 8) in toto. Accordingly, Plaintiff’s excessive
force claim against Defendants Baker, Strickland, Ghormley, Ottwell, and Paula in their individual
capacities may PROCEED. All other claims are DISMISSED WITHOUT PREJUDICE. Defendants
Jane Doe, John Doe, and Medical Staff are hereby TERMINATED from this action.
IT IS SO ORDERED, this 25th day of October, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 4:24-cv-04080-SOH Document 15 Filed 10/25/24 Page 1 of 1 PageID #:
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