Coley v. Floyd et al

Filing 76

ORDER ADOPTING 63 and 66 PARTIAL REPORT AND RECOMMENDATIONS of Magistrate Judge; Defendant Holloway's 56 Motion to quash service and dismiss party is granted in part and denied in part. Mr. Holloway's request to quash the service of process attempted on him to the Arkansas Department of Health in Little Rock is granted. The motion is denied in all other respects. Plaintiff's claims against defendants Crystal Sims, Christopher Loe, Chiquita Davis and Mr. Holloway are dismissed without prejudice. Signed by Judge Kristine G. Baker on 3/11/2014. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
ANTONIO DEMARION COLEY
ADC #92842
v.

PLAINTIFF

Case No. 2:12CV00160 KGB/HDY

MARYBETH FLOYD, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge H. David Young (Dkt. No. 63), and the objections
filed (Dkt. No. 64). After carefully considering the objections and making a de novo review of
the record in this case, 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. Defendant Walter Holloway’s motion to quash service and to dismiss is
granted in part and denied in part (Dkt. No. 56). Mr. Holloway’s request to quash the service of
process attempted on him by certified mail to the Arkansas Department of Health in Little Rock
is granted (Dkt. No. 53). The motion is denied in all other respects.
The Court has reviewed the second Proposed Findings and Partial Recommended
Disposition submitted by Judge Young (Dkt. No. 66), and the objections filed (Dkt. No. 68).
After carefully considering the objections and making a de novo review of the record in this case,
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.
Plaintiff Antonio Demarion Coley’s claims against defendants Crystal Sims, Christopher Loe,
Chiquita Davis, and Mr. Holloway are dismissed without prejudice.

SO ORDERED this the 11th day of March, 2014.

________________________________
Kristine G. Baker
United States District Judge

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