Wesley v. Kinley et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
KAIVEN LEMAR WESLEY 	PLAINTIFF
v. 	Case No. 1:22-cv-1026
TIFFANY KINLEY; STEPHANIE HOLMES;
KEANE LIPPS; DR. JOSEPH DELUCA; and
CAMERON OWENS 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry
A. Bryant, United States Magistrate Judge for the Western District of Arkansas. 	ECF No. 139.
Judge Bryant recommends that Defendants’ Motion for Summary Judgement (ECF No. 106) be
granted in part and denied in part. Specifically, Judge Bryan recommends that: 1) Plaintiff’s Claim
Four against Defendants Stephanie Holmes, Cameron Owens, and Tiffany Kinley in their
individual and official capacities be dismissed with prejudice; and 2) Plaintiff’s Claims One, Two,
Three, and Five against Defendants Joseph DeLuca, Stephanie Holmes, Cameron Owens, Tiffany
Kinley, and Keane Lipps in their individual and official capacities should remain for further
litigation.
No party has objected to Judge Bryant’s 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
Bryant’s reasoning is sound, the Court hereby adopts Judge Bryant’s R&R in toto. Defendant’s
Motion for Summary Judgement (ECF No. 106) is hereby GRANTED IN PART and DENIED
IN PART. 	Plaintiff’s Claim Four against Defendants Holmes, Owens, and Kinley in their
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individual and official capacities is hereby DISMISSED WITH PREJUDICE. Plaintiff’s Claims
One, Two, Three, and Five against Defendants in their individual and official capacities
shall remain for further litigation.
IT IS SO ORDERED, this 20th day of March, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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