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.,

, 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