Howard v. Kelly et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 and dismissing defts Horn, Cowell, and Kelly from the case for plaintiff's failure to state a claim upon which relief may be granted. Signed by Judge Susan Webber Wright on 9/13/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION ERIC HOWARD, ADC #105324 * * * * * * * * * Plaintiff, v. WENDY KELLY, Deputy Director, Arkansas Department of Correction; et al., Defendants. No. 1:12-cv-00061-SWW-JJV ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS, THEREFORE, ORDERED that: 1. Defendants Horn, Cowell, and Kelly are DISMISSED from this cause for Plaintiff’s failure to state a claim upon which relief may be granted. DATED this 13th day of September, 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1

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