Humphrey v. Corizon Medical Services Inc et al

Filing 44

ORDER approving and adopting 40 Partial Report and Recommendations in their entirety as this Court's findings in all respects and granting 37 Motion to Dismiss. Kelly, Austin, Bland, Simmons, and Cecil are removed as party Defendants. Denying as moot 12 30 Motions to Dismiss for Failure to State a Claim. Signed by Judge Susan Webber Wright on 01/15/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARVIN J. HUMPHREY
ADC #137134
V.

PLAINTIFF

NO: 5:13CV00271 SWW/HDY

CORIZON INC. et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge H. David Young, and the objections filed. After
carefully considering the objections and making a de novo review of the record in this case, 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 dismiss (docket entry #37) is GRANTED, Plaintiff’s claims

against Defendants Wendy Kelley, Marie Austin, Estella Bland, Aric Simmons, and Donna Cecil,
are DISMISSED WITHOUT PREJUDICE, and Kelley, Austin, Bland, Simmons, and Cecil, are
removed as party Defendants.
2.

The motions to dismiss filed by Kelley and Austin (docket entries #12 & #30) are

DENIED AS MOOT.
DATED this 15th day of January, 2014.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE