Miller v. Potts

Filing 31

ORDER ADOPTING 26 PARTIAL REPORT AND RECOMMENDATIONS granting 23 MOTION to Amend/Correct 2 Complaint and directing the Clerk to file Plaintiff's motion as his amended complaint; and granting in part and denying in part 15 MOTION for Judgment on the Pleadings filed by Susan Potts. Signed by Judge James M. Moody on 3/19/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JAMES W. MILLER ADC #105303 V. PLAINTIFF NO: 5:11CV00195 JMM/HDY SUSAN POTTS DEFENDANT ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial Recommended 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. Plaintiff’s motion to amend (docket entry #23) is GRANTED, and the Clerk is directed to file Plaintiff’s motion as his amended complaint. 2. Defendant’s motion for judgment on the pleadings (docket entry #15) is GRANTED IN PART AND DENIED IN PART. 3. Defendant’s motion is GRANTED with respect to Plaintiff’s claims regarding allegedly unsanitary tables, and official capacity claims regarding allegedly inadequate medical care, and those claims are DISMISSED WITH PREJUDICE. 4. Defendant’s motion is DENIED with respect to Plaintiff’s claim regarding allegedly inadequate medical care against Defendant in her individual capacity. DATED this 19th day of March, 2012. UNITED STATES DISTRICT JUDGE

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