Brown v. Avant et al

Filing 86

ORDER ADOPTING 78 Partial Report and Recommendations in their entirety; therefore, deft CMS's 52 Motion to Dismiss is DENIED. Signed by Judge Susan Webber Wright on 4/23/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION BRANDON EVERETT BROWN ADC #142315 V. MARCO AVANT et al. ORDER 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 Defendant CMS's motion to dismiss (docket entry #52) is DENIED. DATED this 23rd day of April, 2010. NO: 2:09CV00133 SWW/HDY DEFENDANTS PLAINTIFF /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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