Wise v. Lappin et al

Filing 62

ORDER ADOPTING Partial Report and Recommendations 59 denying 45 Motion to Dismiss and denying 8 Motion for TRO; and ordered that this case is ready to be set for trial. Signed by Judge James M. Moody on 3/23/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION TIMOTHY S. WISE, REG. #03540-063 v. HARLEY G. LAPPIN, et al. ORDER The Court has received proposed findings and recommendations from United States Magistrate H. David Young. 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 them in their entirety. Accordingly, IT IS, THEREFORE ORDERED that plaintiff's motion for temporary restraining order, which this Court construes as a motion for preliminary injunctive relief (DE #8) is DENIED. IT IS FURTHER ORDERED that defendants' motion to dismiss (DE #45) is DENIED. IT IS FURTHER ORDERED that sufficient evidence exists to present plaintiff's medical claim to a jury, and that this case is ready to be set for trial. PLAINTIFF 2:08CV00138JMM/HDY DEFENDANTS IT IS SO ORDERED this 23rd day of March, 2009. ___________________________________ United States District Judge

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