Holt v. USA et al

Filing 26

ORDER ADOPTING 25 Partial Report and Recommendations in their entirety; therefore, defts' 13 Motion to Dismiss in Lieu of Answer is GRANTED IN PART and DENIED IN PART; pltf may proceed with his Eighth Amendment inadequate medical care claim against defts Peikar and Does; all other claims and defts are DISMISSED WITHOUT PREJUDICE; Nader Peikar answer due within 14 days of the entry of this Order; Mary Ellen Rivers-Graham, Hipolito Matos, and T C Outlaw terminated. Signed by Judge Susan Webber Wright on 5/16/12. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RODNEY S. HOLT V. PLAINTIFF 2:11CV00180 SWW/JTR T.C. OUTLAW, Warden FCI, Forrest City, Arkansas, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial 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: 1. Defendants’ Motion to Dismiss in Lieu of Answer (docket entry #13) is GRANTED IN PART and DENIED IN PART. 2. Plaintiff may PROCEED with his Eighth Amendment inadequate medical care claim against Defendants Peikar and Does. 3. All other claims and Defendants are DISMISSED, WITHOUT PREJUDICE. 4. Pursuant to Fed. R. Civ. P. 12(a)(4)(A), Defendant Peikar must file an Answer within fourteen days of the entry of this Order. Dated this 16th day of May 2012. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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