Miller v. Bishop

Filing 63

ORDER ADOPTING 60 Report and Recommendations and denying 53 Motion to Dismiss filed by Gerald Bishop. Signed by Judge James M. Moody on 6/19/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION RONNIE MILLER, ADC #121073 Case Number: 3:07CV00170JMM/HLJ GERALD BISHOP ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After a review of those proposed findings and recommendations, and the timely objections received thereto1, as well as a de novo review of the record, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that defendant's motion to dismiss (DE #53) is hereby DENIED. IT IS SO ORDERED this 19 day of June, 2009. DEFENDANT PLAINTIFF ___________________________________ UNITED STATES DISTRICT JUDGE Plaintiff filed a Notice of Statement of Necessity in which he restated his arguments regarding the Motion to Dismiss and attached his discovery motions. To the extent that plaintiff is making a request for a hearing on the pending Motion to Dismiss, the Court finds that such a hearing is not necessary as the Court is ruling in plaintiff's favor by denying defendant's Motion to Dismiss. 1

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