Borum v. Taylor et al

Filing 89

ORDER adopting Magistrate Judge H. David Young's proposed findings and recommended partial disposition; dismissing Plaintiff's claims against defendant Anthony Thomas without prejudice; denying 68 defendants Ella Taylor, Ruby Jones-Mannin g, and Vicki Moore's motion to dismiss; granting Plaintiff's motion to voluntarily dismiss his claims against Greg Harmon; dismissing, without prejudice, Plaintiff's claims against Harmon; granting Plaintiff's motion to withdraw h is amended complaint; dismissing the amended complaint with prejudice and removing the names of Correctional Medical Services, Inc. and Chiquita Davis as party Defendants; and denying as moot 73 Harmon's motion for judgment on the pleadings. Signed by Judge Brian S. Miller on 10/13/11. (hph)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
ANTHONY A. BORUM,
ADC #092069
v.

PLAINTIFF

CASE NO. 2:10CV00017 BSM/HDY

ELLA TAYLOR, et al.

DEFENDANTS
ORDER

The proposed findings and recommended partial dispositions [Doc. Nos. 80, 86]
submitted by United States Magistrate Judge H. David Young have been reviewed. No
objections were filed. After carefully considering these documents and making a de novo
review of the record, it is concluded that the proposed findings and recommended partial
dispositions should be, and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s claims against defendant Anthony Thomas be DISMISSED

WITHOUT PREJUDICE, and Thomas’s name be removed as a party Defendant.
2.

The motion to dismiss filed by defendants Ella Taylor, Ruby Jones-Manning,

and Vicki Moore [Doc. No. 68] be DENIED.
3.

Plaintiff’s motion to voluntarily dismiss his claims against defendant Greg

Harmon [Doc. No. 85] be GRANTED, plaintiff’s claims against Harmon be DISMISSED
WITHOUT PREJUDICE, and Harmon’s name be removed as a party defendant.
4.

Plaintiff’s motion to withdraw his amended complaint [Doc. No. 85] be

GRANTED, the amended complaint be DISMISSED WITHOUT PREJUDICE, and the

names of Correctional Medical Services, Inc., and Chiquita Davis, be removed as party
Defendants.
5.

The motion for judgement on the pleadings filed by Harmon [Doc. No. 73] be

DENIED AS MOOT.
Dated this 13th day of October 2011.

UNITED STATES DISTRICT JUDGE