Cummins v. Hobbs et al

Filing 35

ORDER that the 7 26 Partial Reports and Recommendations are now to be treated as an Opinion of t he Court; dismissing defts Hobbs and Meinzer for failure to state a claim upon which relief may be granted; and denying 4 Motion for Preliminary Injunction. Signed by Magistrate Judge Jerome T. Kearney on 6/2/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ACIE CUMMINS,
ADC #133791
v.

PLAINTIFF
5:11-cv-00048-JTK

RAY HOBBS, et al.

DEFENDANTS
ORDER

On March 31, 2011, I issued a Partial Recommended Disposition, recommending that
Defendants Hobbs and Meinzer be dismissed from Plaintiff’s Complaint, for failure to state a
claim (Doc. No. 7). In addition, on May 12, 2011, I issued a Proposed Findings and
Recommendation that Plaintiff’s Motion for Preliminary Injunction be denied (Doc. No. 26).
The parties consented to transfer to me all further proceedings in this action on May 23, 2011
(Doc. No. 29). Therefore, the March 31, 2011 Partial Recommended Disposition and the May
12, 2011 Proposed Findings and Recommendation shall now be treated as an Opinion of the
Court. Accordingly,

IT IS, THEREFORE, ORDERED that Defendants Hobbs and Meinzer are
DISMISSED from Plaintiff’s Complaint, for failure to state a claim upon which relief
may be granted.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Preliminary Injunction
(Doc. No. 4) is DENIED.
IT IS SO ORDERED this 2nd day of June, 2011.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE