Smith v. Tallant et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
PLAINTIFF	CURTIS WAYNE DALE SMITH, JR.
v. Case No. 4:23-cv-4111
JANA TALLANT, Howard County Jail Administrator;
JOEY DAVIS, Howard County Detention Center;
LAJUANDA LINDSEY, Jailer; JORDAN BRADSHAW, Jailer;
JOSHUA BRADSHAW, Jailer; MARLINE TALLANT;
TYLER LOVELIS, Jailer; FANSICO ARCE, JR.,
Mineral Springs Chief of Police; CASEY PARKER;
BRYAN MCJUNKINS, Sheriff of Howard County;
ANABELE WHITE, Jailer; and DR. JOAN MCLEAN DEFENDANTS
AMENDED ORDER
This Order amends the Court’s April 4, 2024 Order adopting the February 6, 2024 Report
and Recommendation. ECF No. 23. This Amended Order issues for the purpose of also dismissing
without prejudice Plaintiff’s claims against Defendant Joshua Bradshaw, as recommended by the
magistrate judge. ECF No. 10. The Amended Order is as follows:
Before the Court is the Report and Recommendation filed February 26, 2024, by the
Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 10. Judge Comstock recommends that certain claims in this matter be dismissed and that
certain claims remain for further consideration. No parties have filed objections to the Report and
Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Upon review,
the Court adopts the Report and Recommendation in toto.
The following claims are DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C.
§ 1915A(b)(1), for failure to state a claim upon which relief may be granted: (1) all claims alleged
against Defendants Lajuanda Lindsey, Jordan Bradshaw, Joshua Bradshaw, Marline Tallant, Tyler
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Lovelis, Fansico Arce, Jr., Casey Parker, Bryant McJunkins, and Anabele White; (2) Plaintiff’s
claims relating to his arrests, imprisonment, and convictions; and (3) Plaintiff’s claims relating to
procedural, rule, and state law violations.
The following claims remain for further consideration and shall proceed for service:
(1) Plaintiff’s claims of excessive force alleged against Defenant Joey Davis; (2) Plaintiff’s denial
of medical care claim alleged against Defendant McLean; and (3) Plaintiff’s claims alleged against
Defendant Jana Tallant for denial of medical care, denial of access to counsel, denial of access to
mail, unconstitutional conditions of confinement, and denial of visitations.
IT IS SO ORDERED, this 25th day of April, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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