Davis v. Correctional Medical Services Inc et al

Filing 46

ORDER ADOPTING in part 10 Partial Report and Recommendations and dismissing deft Arkansas Department of Correction for plaintiff's failure to state a claim. Signed by Judge Brian S. Miller on 12/3/09. (bkp) (Docket text modified on 12/7/2009 to correct the description of the document filed.) (thd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION LATOYIN V. DAVIS, ADC #138224 v. 1:09CV00045BSM/HLJ DEFENDANTS ORDER The court has received the proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the court adopts in part as stated herein. The court adopts the recommendation to dismiss defendant Arkansas Department of Correction, but declines to dismiss defendant Correctional Medical Services, Inc. in light of the amended complaint filed on October 5, 2009. Accordingly, defendants Arkansas Department of Correction is DISMISSED from plaintiff's complaint for failure to state a claim. IT IS SO ORDERED this 3rd day of December, 2009. PLAINTIFF CORRECTIONAL MEDICAL SERVICES, INC., et al. __________________________________ UNITED STATES DISTRICT JUDGE

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