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)

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