Winston v. Stewart et al

Filing 31

ORDER ADOPTING 27 Partial Report and Recommendations in their entirety; therefore, pltf's Motion to Amend 15 is GRANTED; defts' Motion to Dismiss 5 is DENIED AS MOOT; defts' 16 Motion to Dismiss Pltf's Amended Complaint is GRANTED IN PART AND DENIED IN PART; defts' 20 Motion to Consolidate is DENIED. Signed by Judge Susan Webber Wright on 4/9/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CHARLES A. WINSTON, ADC #84733 V. PLAINTIFF 2:12CV00235-SWW-JTK CHARLES STEWART., et al. DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Jerome T. Kearney. After a review of those proposed findings and recommendations, and the timely objections received thereto, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that: 1. Plaintiff’s Motion to Amend (Doc. No. 15) is GRANTED; 2. Defendants’ Motion to Dismiss (Doc. No. 5) is DENIED as moot; 3. Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint (Doc. No. 16) is GRANTED in part, with respect to Plaintiff’s monetary claims against them in their official capacities and Plaintiff’s claims against Defendants Wilkins and May; 4. Defendants’ Motion to Dismiss (Doc. No. 16) is DENIED in part, with respect to Plaintiff’s retaliation claims against Defendants Stewart, Burl, Earl, Naylor, and Hobbs. 5. Defendants’ Motion to Consolidate (Doc. No. 20) is DENIED; IT IS SO ORDERED this 9th day of April, 2013. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 1

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