Guinther v. Banks et al

Filing 54

ORDER PARTIAL ADOPTING REPORT AND RECOMMENDATIONS 47 denying deft Banks' 36 Motion to Dismiss. Signed by Judge James M. Moody on 10/1/10. (bkp)

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Guinther v. Banks et al Doc. 54 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDGAR L. GUINTHER ADC #100017 V. JAMES BANKS, Former Warden, Tucker Unit, et al. 5:10CV00139 JMM/JTR DEFENDANTS PLAINTIFF ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray. No objections have been filed. After careful review, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. 2 Defendant Banks' Motion to Dismiss (docket entry #36) is DENIED. Pursuant to Fed. R. Civ. P. 12(a)(4)(A), Defendant Banks shall file an Answer within fourteen days of the entry of this Order. Dated this 1st day of October, 2010. UNITED STATES DISTRICT JUDGE

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