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)

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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 -1- that motion. So Ordered. ~R-ยท ~ D.P. Marshall Jr. United States District Judge -2-

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