Waller v. Corizon Inc et al

Filing 35

ORDER ADOPTING 33 the proposed findings and partial recommended disposition; granting in part and denying in part 23 Defendants' motion to dismiss; denying 26 Waller's motion to amend; and denying 31 his motion for summary judgment. Signed by Chief Judge Brian S. Miller on 3/17/2014. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENNETH L. WALLER
v.

PLAINTIFF
CASE NO. 5:13CV00296 BSM

CORIZON INC., et al.

DEFENDANTS
ORDER

The partial recommended disposition submitted by United States Magistrate Judge H.
David Young has been received. No objections have been filed. After careful consideration,
it is concluded that the proposed findings and partial recommended disposition should be,
and hereby are, approved and adopted in their entirety in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ motion to dismiss [Doc. No. 23] is granted in part and denied in

part. The motion is granted as to any claim that plaintiff Kenneth Waller is attempting to
pursue that arose on or before October 21, 2011, and such claims are dismissed with
prejudice. The motion is denied in all other respects.
2.

Waller’s motion to amend [Doc. No. 26] and his motion for judgment [Doc.

No. 31] are denied.
DATED this 17th day of March 2014.
_______________________________
UNITED STATES DISTRICT JUDGE