IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JAKITA S. MURPHY PLAINTIFF ADC #710981

3:23-cv-163-DPM

PHILLIP THOMPSON, Maintenance Manager, McPherson Unit, ADC; JOHNNIE SWIFT, Chief Security Officer, McPherson Unit, ADC; and DOES, Entitled Entities of AR Department of Corrections Security, Maintenance, and Fire and Safety Departments DEFENDANTS

ORDER 1. |Murphy’s motion for leave to file an amended complaint, Doc. 15, is denied. Williams v. Little Rock Municipal Water Works,

(8th Cir. 1994). The Court can’t hear her negligence claims against state employees. The FTCA only applies to federal employees.

(b)(1). And because her FTCA claims can’t go forward, her remaining state law negligence claims against other Arkansawyers must be brought in state court.

(a). 2. | Murphy’s motion to dismiss, Doc. 14, is granted. She made this motion in good faith; not for purposes of avoiding a “strike” under

(g). The Court does not recommend that a

strike be counted against her. 3. The Court declines to adopt Magistrate Judge Ervin’s recommendation, Doc. 7, because the Court has allowed Murphy to dismiss her constitutional claims. So Ordered. troll D.P. Marshall Jr. United States District Judge 31 Octohn 2023

-2-