Anderson v. Hubbard et al

Filing 57

ORDER ADOPTING 53 Partial Report and Recommendations in their entirety; therefore, deft Lytle's Motion to Dismiss 40 is GRANTED, and he is DISMISSED WITH PREJUDICE; pltf's request to file an amended complaint 52 is DENIED; pltf's motion for extension of time to file objections 55 is moot. Signed by Judge Susan Webber Wright on 12/2/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THEODORE A. ANDERSON, ADC #138956 V. PLAINTIFF 5:11CV00100 SWW/JTR CONNIE HUBBARD, LPN, Correctional Medical Services, Inc., et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge J. Thomas Ray and the filed objections. After carefully considering these documents and making a de novo review of the record in this case, 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. Separate Defendant Lytle’s Motion to Dismiss (docket entry #40) is GRANTED, and he is DISMISSED, WITH PREJUDICE. 2. Plaintiff’s request to file a Second Amended Complaint (which was contained in his Response to the Motion to Dismiss, docket entry #49) is DENIED. 3. The Court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any Order adopting this Recommended Partial Disposition would not be taken in good faith. 4. Plaintiff’s motion for an extension of time to file objections (docket entry # 55) is moot, as the Court has considered the objections filed. Dated this 2nd day of December, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE 2

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