Garrett v. Andrews et al

Filing 141

ORDER ADOPTING 137 Partial Report and Recommendations in their entirety; therefore, deft Hardy's Motion to Dismiss 123 is GRANTED, and pltf's official capacity claims against Hardy are DISMISSED, but the individual capacity claims are not dismissed. Signed by Judge J. Leon Holmes on 8/21/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JESSE LEE GARRETT, ADC #656385 v. PLAINTIFF No. 4:12CV00230 JLH-JTK SGT. ANDREWS, 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 defendant Hardy’s motion to dismiss is GRANTED, and the plaintiff’s official capacity claims against Hardy are DISMISSED. The plaintiff’s individual capacity claims against Hardy are not dismissed. Document #123. IT IS SO ORDERED this 21st day of August, 2013. _________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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