Scharnhorst v. Cantrell et al

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IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JOHN WILLIAM SCHARNHORST, III 	PLAINTIFF
V. 	CASE NO. 5:22-CV-05238
CHIEF DEPUTY JAY CANTRELL;
MAJOR RANDALL DENZER;
CAPTAIN NOLAN AKE;
LIEUTENANT MIKE ARNOLD;
LIEUTENANT AMANDA ARNOLD;
LIEUTENANT CARRIER; CAPTAIN EAST;
SERGEANT ALLEN; SERGEANT PINEDA;
SERGEANT FOSTER; SERGEANT LUNSFORD;
SERGEANT WORKMAN; SERGEANT BYRD;
SERGEANT BRADSHAW; SERGEANT B. MORGAN;
SERGEANT BEAVERS; SERGEANT MALONE;
CORPORAL CAUDLE; CORPORAL FARBER;
CORPORAL MULVANEY; CORPORAL CARTER;
CORPORAL CARPENTER; CORPORAL CORLEY;
CORPORAL SMITH; CORPORAL VANDENACK;
CORPORAL VELASCO; CORPORAL BREWER;
CORPORAL TURNER; CORPORAL BOWMAN;
CORPORAL NUNZIATO; DEPUTY FRYE;
DEPUTY BECK; DEPUTY DRUMRIGHT;
DEPUTY BILBREY; and DEPUTY MARTINEZ 	DEFENDANTS
ORDER
Now pending before the Court is the Report and Recommendation (Doc. 8) filed
on January 26, 2023, by the Honorable Christy Comstock, United States Magistrate
Judge for the Western District of Arkansas. 	More than 14 days have passed, and no
party has filed objections to the Report and Recommendation.
IT 	IS 	THEREFORE 	ORDERED 	that 	the 	Report 	and 	Recommendation 	is
ADOPTED IN FULL. Pursuant to the Court’s screening authority set forth at 28 U.S.C.
§ 1915A, IT IS ORDERED THAT:
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(1) Plaintiff’s individual and official capacity claims against the following defendants
are DISMISSED WITHOUT PREJUDICE: Major Randall Denzer; Captain Nolan Ake;
Lieutenant Mike Arnold; Lieutenant Amanda Arnold; Lieutenant Carrier; Captain East;
Sergeant 	Allen; 	Sergeant 	Pineda; 	Sergeant 	Foster; 	Sergeant 	Lunsford; 	Sergeant
Workman; Sergeant Byrd; Sergeant Bradshaw; Sergeant Morgan; Sergeant Beavers;
Sergeant 	Malone; 	Corporal 	Farber; 	Corporal 	Mulvaney; 	Corporal 	Carter; 	Corporal
Carpenter; Corporal Corley; Corporal Smith; Corporal Vandenack; Corporal Velasco;
Corporal Brewer; Corporal Turner; and Corporal Bowman; and
(2) Plaintiff’s individual and official capacity claims against Chief Deputy Jay
Cantrell, Corporal Sam Caudle, Deputy Frye, Deputy Beck, Corporal Nunziato, Deputy
Drumright, Deputy Bilbrey, and Deputy Martinez SURVIVE REVIEW AND SHALL
PROCEED.
IT IS SO ORDERED on this 14th day of February, 2023.
/s/ Timothy L. Brooks____________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
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