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)

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