Owen v. USA et al

Filing 39

ORDER ADOPTING 38 the proposed findings and partial recommended disposition; denying 29 defendants' motion to dismiss; denying 36 plaintiffs' motion to amend; dismissing, without prejudice, plaintiffs claims against all defendants other than defendant USA; and allowing plaintiff to pursue an FTCA claim against defendant USA only. Signed by Chief Judge Brian S. Miller on 6/18/2013. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION JAMES LEON OWEN, JR. REG. #11262-042 V. PLAINTIFF CASE NO: 2:12CV00220 BSM USA et al. DEFENDANTS ORDER The proposed findings and partial recommended disposition submitted by United States Magistrate Judge H. David Young have been reviewed. No objections have been filed. After careful consideration, it is concluded that the proposed findings and partial recommended disposition should be, and hereby are, approved and adopted in their entiretyin all respects. IT IS THEREFORE ORDERED THAT: 1. Defendants’ motion to dismiss [Doc. No. 29] is DENIED. 2. Plaintiffs’ motion to amend [Doc. No. 36] is DENIED. 3. Plaintiff’s claims against all defendants other than defendant USA are DISMISSED WITHOUT PREJUDICE, and the names of all defendants other than defendant USA are removed as party defendants. 4. Plaintiff is allowed to pursue an FTCA claim against defendant USA only. DATED this 18th day of June 2013. UNITED STATES DISTRICT JUDGE

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