Draft v. Lay et al

Filing 48

ORDER approving and adopting in their entirety the 47 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; and granting in part and denying in part Defendants' 14 motion to dismiss. Defendant s' motion is granted to the extent that any claim for monetary damages asserted by plaintiff Robert Draft against them in their official capacities is dismissed with prejudice. Defendants' motion is denied in all other respects. Signed by Judge J. Leon Holmes on 4/19/2017. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION ROBERT DRAFT, ADC #160040 v. PLAINTIFF NO. 2:16CV00112 JLH/PSH GAYLON LAY et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris. 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. Defendants’ motion to dismiss is GRANTED IN PART AND DENIED IN PART. Doc. No. 14. 2. Defendants’ motion is GRANTED to the extent that any claim for monetary damages asserted by plaintiff Robert Draft against them in their official capacities is DISMISSED WITH PREJUDICE. 3. Defendants’ motion is DENIED in all other respects. DATED this 19th day of April, 2017. __________________________________ UNITED STATES DISTRICT JUDGE

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