Quinones v. Holder et al

Filing 54

ORDER adopting 53 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 47 Motion to Dismiss for Failure to State a Claim. Defendant G. Edward Bryant is DISMISSED for plaintiff's failure to state a claim upon which relief may be granted. Plaintiff's claim that Dr. Bryant operated on his wrong eye is barred by the statute of limitations. The motion to dismiss based on statute of li mitations is DENIED in all other respects. The motion to dismiss based on the doctrine of collateral estoppel is DENIED. The motion to dismiss based on insufficient service of process is rendered moot. Signed by Judge J. Leon Holmes on 6/23/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
GUILLERMO QUINONES,
REG. #22965-004
v.

PLAINTIFF

No. 2:13CV00099-JLH-JJV

ERIC HOLDER, U.S. Attorney General,
Department of Justice, et al.,

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After
careful consideration, 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.
IT IS, THEREFORE, ORDERED that:
1.

The hearing transcript from Quinones v. United States, No. 2:13CV00019 (Document

#41), is incorporated herein as part of the record in this case.
2.

Defendant’s motion to dismiss (Document #47) is GRANTED in part and DENIED

in part:
A.

Defendant G. Edward Bryant is DISMISSED for plaintiff’s failure to state

a claim upon which relief may be granted.
B.

Plaintiff’s claim that Dr. Bryant operated on his wrong eye is barred by the

statute of limitations.
C.
respects.

The motion to dismiss based on statute of limitations is DENIED in all other

D.

The motion to dismiss based on the doctrine of collateral estoppel is DENIED.

E.

The motion to dismiss based on insufficient service of process is rendered

moot.
DATED this 23rd day of June, 2014.

___________________________________
J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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