Opinion
2:24-cv-54-DPM-JJV
08-30-2024
MORRIS B KOONTZ ADC #115260 PLAINTIFF v. DEXTER PAYNE, Director, ADC; WILLIAM STRAUGHN, Deputy Director, ADC; MOSES JACKSON, Warden, EARU, ADC; GAYLON LAY, Warden, Pine Bluff Unit, ADC; TIMOTHY OWEN, Mental Health Supervisor, WellPath, EARU, ADC; GRAY, Former Doctor, WellPath, EARU, ADC; D. JOHNSON, Former Mental Health Counselor, WellPath, EARU, ADC; MARK RICHARDSON, Warden, EARU Max Unit, ADC; TYRONE ALLISON, Major, EARU, ADC; SCOTT TAYLOR, Major, EARU Max Unit, ADC; M. DALE REED, Deputy Director, ADC; JUDY TAYLOR, PREA Coordinator, ADC; DOES, ADC; CHRISTOPHER JOHNSON, Deputy Warden, EARU, ADC; and SHIRLEY BELL, Kitchen Commander, EARU, ADC DEFENDANTS
ORDER
D.P. Marshall Jr. United States District Judge
On de novo review, the Court adopts Magistrate Judge Volpe's partial recommendation, Doc. 12, and overrules Koontz's objections, Doc. 13. Fed.R.Civ.P. 72(b)(3). Koontz's "class-of-one" equal protection claim is improper in this type of case. See Doc. 23 in McDonald v. Golden, Case No. 1:17-cv-66-DPM (E.D. Ark. 4 July 2018); report and recommendation adopted, Doc. 25 in Case. No. 1:17-cv-66-DPM (E.D. Ark. 21 August 2018). Even if it were proper, Koontz hasn't pleaded enough facts to state a claim. Robbins v. Becker, 794 F.3d 988, 996 (8th Cir. 2015).
Koontz's timely due process claims against Director Payne, Deputy Director Straughn, Deputy Director Reed, Warden Richardson, Deputy Warden Christopher Johnson, and Warden Jackson go forward. Elis other claims are dismissed without prejudice. The Court directs the Clerk to terminate Warden Lay, Owen, Gray, D. Johnson, Major Allison, Major Scott Taylor, Judy Taylor, Bell, and the Does as defendants in this case. Any in forma pauperis appeal from this Order would not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.