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

KEVIN ANDREW COGBURN PLAINTIFF ADC# 181168 Vv. No. 3:23-cev-157-DPM

JOHN TATE, Lieutenant, Randall L. Williams Unit DEFENDANT

ORDER On de novo review, the Court declines the recommendation, Doc. 17, and sustains the objections, Doc 18, as modified. Cogburn’s having told Lieutenant Tate that he “feared for [his] safety in Barracks (2)” and that his “life was in danger”, Doc. 4 at 1, does not state a failure to protect claim even though Tate threatened to discipline Cogburn if he didn’t return to the barracks and Cogburn was attacked in the shower that night. Vandevender v. Sass,

(8th Cir. 2020). This general and vague statement didn’t provide Lt. Tate sufficient information to support potential liability. And Cogburn pleads no other facts told to, or known by, Lt. Tate that put him on notice of any danger. Motion to dismiss, Doc. 10, granted as modified. Any proposed third amended complaint with more details due by 23 March 2024. The Court will withhold judgment until then.

So Ordered.

D.P. Marshall Jr. United States District Judge an Hruory ava

_2-