Wood v. Smith et al

Filing 20

ORDER approving and adopting 19 Partial Recommended Disposition as this Court's findings in all respects; and granting in part and denying in part 16 defendants' motion to dismiss. Wood's FTCA claims against defendants Beasley, Ru cker, and Smith are dismissed with prejudice. Wood's claims brought under the ADA, ABA, and PREA are dismissed with prejudice. Wood's claim for monetary relief under Section 504 of the Rehabilitation Act is dismissed with prejudice. Wood's substantive due process claim is dismissed without prejudice. Signed by Judge J. Leon Holmes on 4/3/2018. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION RANDY L. WOOD, Reg. #22991-078 v. PLAINTIFF NO. 2:17CV00137 JLH-BD T. SMITH, et al. DEFENDANTS ORDER The Court has received a Partial Recommended Disposition (“Recommendation”) from Magistrate Judge Beth Deere. After careful review of the Recommendation, the timely objections, as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. The defendants’ motion to dismiss (docket entry #16) is GRANTED in part and DENIED in part. Wood’s FTCA claims against defendants Beasley, Rucker, and Smith are DISMISSED with prejudice. In addition, Wood’s claims brought under the ADA, ABA, and PREA are DISMISSED with prejudice. Wood’s claim for monetary relief under Section 504 of the Rehabilitation Act is DISMISSED with prejudice. Wood’s substantive due process claim is DISMISSED without prejudice. IT IS SO ORDERED this 3rd day of April, 2018. ________________________________ UNITED STATES DISTRICT JUDGE

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