Plant v. Brooks et al

Filing 44

ORDER ADOPTING 39 Partial Report and Recommendations; denying 32 Motion to Dismiss Case as Frivolous; deferring ruling on 37 Motion to Dismiss Case as Frivolous pending a recommendation from Judge Deere; granting in part and denying in part motions 19 22 to Dismiss. Signed by Judge D. P. Marshall Jr. on 12/13/2013. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CRAIG PLANT
ADC#147784

v.

PLAINTIFF
No. 4:13-cv-234-DPM-BD

RAY BROOKS, Maintenance Supervisor;
G. HARMON, Warden; T. HURST, Assistant Warden;
WENDY KELLY, Deputy Director; V. MULLINS, HSA;
G. BURTON, Major; MOSBY, Nurse; and
GREEN, D.O.N.

DEFENDANTS

ORDER
The Court has considered Magistrate Judge Beth Deere's partial
recommended disposition, NQ 39, and Story's objections, NQ 43.

After

reviewing de novo, the Court adopts Judge Deere's recommended disposition.
FED.

R. CIV. P. 72(b)(3). Motion to dismiss, NQ 19, granted in part and denied

in part. Motion to dismiss, NQ 22, granted in part and denied in part. Motion
to dismiss, NQ 32, denied. Plant's claims against Green and Brooks are
dismissed without prejudice. His claims against Mullins, Mosby, Kelley,
Harmon, and Hurst are still pending. Burton has recently filed a motion to
dismiss, NQ 3 7. The Court will await a recommendation from Judge Deere on

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that motion.
So Ordered.

~R-·
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D.P. Marshall Jr.
United States District Judge

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