Edwards v. Arkansas Department of Correction et al

Filing 25

ORDER ADOPTING Partial Report and Recommendations 17 and granting in part and denying in part 9 Motion to Dismiss and dismissing without prejudice defts Arkansas Dept of Correction, Ray Hobbs, Michael Allen and Loretha Brooks. Signed by Judge James M. Moody on 10/8/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION JOHNNY EDWARDS V. ARKANSAS DEPARTMENT OF CORRECTION et al. ORDE R The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, 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. The motion to dismiss filed by Defendants Loretha Brooks, Ray Hobbs, Arkansas NO: 2:08CV00053 JMM/HDY DEFENDANTS PLAINTIFF

Department of Correction, Larry Norris, James Gibson, Randy Watson, and Michael Allen (docket entry #9) is GRANTED IN PART AND DENIED IN PART. 2. The motion is GRANTED with respect to Plaintiff's claims against the Arkansas

Department of Correction, Ray Hobbs, Michael Allen, and Loretha Brooks, Plaintiff's claims against them are DISMISSED WITHOUT PREJUDICE, and their names are removed as party Defendants. 3. The motion is DENIED in all other respects. 8 day of October, 2008.

DATED this

UNITED STATES DISTRICT JUDGE