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Johnson v. Whitfield

United States District Court, Eastern District of Arkansas, Jonesboro Division

April 13, 2015

MELVIN JOHNSON, JR. ADC #112882, PLAINTIFF
v.
LUTHER WHITFIELD, Lieutenant, Mississippi County Detention Center; OCTAVIOUS BAILEY, Jailer, Mississippi County Detention Center; DALE COOK, Sheriff, Mississippi County Detention Center; and JANE DOE, Nurse

ORDER

D.P. Marshall Jr United States District Judge

1. On de novo review, the Court partly adopts and partly declines the recommendation, No 4. Johnson's post-recommendation filings make things clearer.

2. As recommended. Cook is dismissed as a defendant without prejudice. Hughes v. Stottlemyre, 454 F.3d 791, 798 (8th Cir. 2006).

3. Johnson has now stated a plausible failure-to-protect claim against Bailey and Whitfield. The case can proceed against them. The Court grants Johnson's motion for leave to amend, No.11 and directs the Clerk to make No.11 the amended complaint. Magistrate Judge Volpe will handle the service issues.

4. Johnson's motion to add defendants, No. 6, is denied. The Mississippi County Detention Center is not an entity that can be sued. And Johnson hasn't stated sufficient facts about any of the proposed defendants to make a claim.

5. The Court grants Johnson's request to voluntarily dismiss his claim without prejudice against Defendant Doe.

6. Johnson's motion for production, No. 5, is denied without prejudice. Any needed discovery will be overseen by Judge Volpe after the defendants have been served and responded, Recommendation, No. 4, partly adopted and partly declined. Cook and Doe are no longer defendants. Motions, No. 5 & 6, denied. The case will proceed on No. 11 as the amended complaint. Case returned to Judge Volpe for further proceedings.

So Ordered.


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