Amerson v. Outlaw et al

Filing 52

ORDER approving and adopting in their entirety in all respects the 44 proposed findings and recommended disposition; granting in part 34 Defendants motion to dismiss, with respect to plaintiff's FTCA, Fourteenth Amendment, and APA claims; dismissing Defendants Maldonado and Watts; and dismissing 34 Defendants' Motion to Dismiss with respect to Plaintiff's Eighth Amendment claims against Defendants Outlaw and Smith. Signed by Judge Brian S. Miller on 5/4/2012. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
MARVIN AMERSON, REG. #13018-076
v.

PLAINTIFF

CASE NO. 2:11CV00130 BSM/JTK

T. C. OUTLAW et al.

DEFENDANTS
ORDER

The proposed findings and recommended partial disposition submitted by United
States Magistrate Judge Jerome T. Kearney and the filed objections have been reviewed.
After carefully considering these documents and making a de novo review of the record, it
is concluded that the proposed findings and recommended partial disposition should be, and
hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED that:
1.

Defendants’ motion to dismiss [Doc. No. 34] is GRANTED in part, with

respect to plaintiff’s FTCA, Fourteenth Amendment, and APA claims;
2.

Defendants Maldonado and Watts are dismissed;

3.

Defendants’ motion to dismiss [Doc. No. 34] is DENIED with respect to

plaintiff’s Eighth Amendment claims against defendants Outlaw and Smith.
Dated this 4th day of May 2012.
________________________________
UNITED STATES DISTRICT JUDGE