Mills v. Hobbs et al

Filing 53

ORDER ADOPTING 9 44 Partial Report and Recommendations and dismissing Governor Mike Beebe and L. Ester without prejudice; dismissing all official-capacity claims for monetary damages; dismissing Mills's claim that defts violated policy AR225, and dismissing all claims against Correctional Medical Services without prejudice 22 . Signed by Judge D. P. Marshall Jr. on 1/23/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION PLAINTIFF JON MILLS ADC# 86911 v. No.2:11-cv-52-DPM RAY HOBBS, Director, ADC; LARRY MAY, Chief Director, ADC; TODD BALL, Deputy Warden, East Arkansas Regional Unit, ADC; DANNY BURL, Warden, East Arkansas Regional Unit, ADC; DEXTER PAYNE, Deputy Warden, East Arkansas Regional Unit, ADC; CORRECTIONAL MEDICAL SERVICES; S. PALMER; CHARLES STEWART; MIKE BEEBE, Governor of Arkansas; L. ESTER, Lieutenant, East Arkansas Regional Unit, ADC; and ALLCARE PHARMACY DEFENDANTS ORDER Mills has not objected to Magistrate Judge Volpe's two recommended partial dispositions. Document Nos. 9 & 44. The Court sees no legal error in them and no clear error on the face of the record. FED. R. CN. P. 72(b)(3) (1983 addition to advisory committee notes). The Court therefore adopts both proposals and (1) dismisses Governor Mike Beebe and Defendant L. Ester without prejudice; (2) dismisses all official-capacity claims for monetary damages; (3) dismisses Mills's claim that Defendants violated policy AR225, and (4) dismisses all claims against Correctional Medical Services without prejudice. So Ordered. D.P. Marshall Jr. United States District Judge ----m-anuary 2012 -2­

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