Woods v. Norris et al

Filing 66

ORDER ADOPTING 58 Partial Report and Recommendations granting 28 Motion to Dismiss filed by Rory Griffin, Anita Weast and dismissing all claims against these defts without prejudice; 35 Motion to Dismiss Case as Frivolous filed by James Barnett , Nele Hughes, William Straughn, Gaylon Lay, Clint Stanley, Wendy Kelley, David Mowles is granted in part and denied in part: Claims against defts Mowles, Hughes and Kelley are dismissed without prejudice; deliberate indifference claims against defts Straughn and Lay are dismissed without prejudice; and plaintiff is permitted to proceed on his retaliation claims against defts Barnett, Stanley, Straughn, and Lay. Signed by Chief Judge J. Leon Holmes on 5/20/10. (bkp)

N THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DEMETRIUS WOODS ADC #108514 v. NO. 5:09CV00203 JLH/BD DEFENDANTS ORDE R The Court has received the Partial Recommended Disposition from Magistrate Judge Beth Deere. The parties have not filed objections. After careful review of the recommendation, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. The Correctional Medical Services Defendants' motion to dismiss (#25) is GRANTED, and all claims against Defendants Griffin and Weast are dismissed without prejudice. The Arkansas Department of Correction Defendants' motion to dismiss (#35) is GRANTED in part and DENIED in part. Plaintiff's claims against Defendants Mowles, Hughes, and Kelley are dismissed without prejudice. Plaintiff's deliberate indifference claims against Defendants Straughn and Lay are dismissed without prejudice. Plaintiff is permitted to proceed on his retaliation claims against Defendants Barnett, Stanley, Straughn, and Lay. IT IS SO ORDERED this 20th day of May, 2010. PLAINTIFF

WENDY KELLEY, Deputy Director, Arkansas Department of Correction, et al.

___________________________________ UNITED STATES DISTRICT JUDGE