Penister v. Cashion

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION TERRY PENISTER PLAINTIFF ADC #092828

v. CASE NO. 4:18-CV-00514-BSM MARK CASHION, et al. DEFENDANTS ORDER After de novo review of the record, United States Magistrate Judge Edie R. Ervin’s recommended disposition [Doc. No. 77] is adopted. Terry Penister’s remaining failure-to- protect claim against Darren Thomas is dismissed with prejudice. See Angelo Iafrate Const, LLC y. Potashnick Const., Inc., 370 F.3d 715, 722 (8th Cir. 2004) (a judgment on the merits for an answering party should accrue to the benefit of a similarly situated defaulting party). Penister’s lawsuit is dismissed with prejudice. IT IS SO ORDERED this Ist day of March, 2022.

Biro A AD UNITED STATES DISTRICT JUDGE