Conway v. Duty et al

Filing 14

ORDER adopting 13 Report and Recommendations and granting 8 Motion to Dismiss for Failure to State a Claim. The complaint is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 11/29/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION BYRON L. CONWAY ADC # 113285 v. PLAINTIFF No. 1:12-cv-79-DPM-BD TIMOTHY DUTY; BILLY COWELL; and CORIZON, INC. DEFENDANTS ORDER Conway has not objected to Magistrate Judge Beth Deere's recommendation, Document No. 13, that his deliberate-indifference complaint be dismissed for failure to state a claim on which relief could be granted. Reviewing for legal error and clear factual error on the face of the record, FED. R. CIV.P. 72(b) (1983 addition to Advisory Committee notes), the Court adopts Judge Deere's recommendation as its own opinion. The motion to dismiss, Document No. 8, is granted. Conway's complaint is dismissed without prejudice. So Ordered. D.P. Marshall Jr. United States District Judge

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