Gray v. Lay et al

Filing 11

ORDER ADOPTING 4 Partial Report and Recommendations of Magistrate Judge: Plaintiff filed a 7 response, and agreed that Austin and Kelly should be dismissed as defendants; finding no clear errors or fact or legal error, the Court adopts the proposal in full. Austin and Kelly are dismissed as defendants. Signed by Judge D. P. Marshall Jr. on 6/11/2013. (mcz)

THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
RUFUS GRAY
ADC #141375

v.

PLAINTIFF

No. 5:13-cv-42-DPM-JJV

GAYLON LAY, Warden, Cummins Unit,
Arkansas Department of Correction et al.

DEFENDANTS

ORDER
Gray filed a paper, NQ 7, responding to Magistrate Judge Volpe's
Proposed Findings and Recommendations, NQ 8. He agrees that Austin and
Kelly should be dismissed as defendants. NQ 7. Because Gray's response is
not an objection, the Court reviews the proposal for clear errors of fact on the
face of the record, FED. R. CIV. P. 72(b) (Advisory Committee Notes to 1983
Addition), and for legal error. Finding none, the Court adopts the proposal
in full. Austin and Kelly are dismissed as defendants.
So Ordered.

D.P. Marshall Jr.
United States District Judge
11 June 2013