Baker v. James et al

Filing 19

ORDER approving and adopting the 16 Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part the defendants' 12 motion to dismiss; dismissing without prejudice Baker's deliberate-indifference claim; and instructing the Clerk to terminate defendant Powell as a part defendant. Baker may proceed on his retaliation claims against defendants Trantaham and James. Signed by Judge J. Leon Holmes on 12/8/2016. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEE BAKER, ADC #550939
v.

PLAINTIFF
NO. 5:16CV00279-JLH-BD

DAVID JAMES, et al.

DEFENDANTS
ORDER

The Court has received a Partial Recommended Disposition (“Recommendation”) filed by
Magistrate Judge Beth Deere. After careful review of the Recommendation, the timely objections,
as well as a de novo review of the record, the Court concludes that the Recommendation should be,
and hereby is, approved and adopted as this Court’s findings in all respects.
The defendants’ motion to dismiss (Document #12) is GRANTED in part and DENIED in
part. Baker’s deliberate-indifference claim is DISMISSED without prejudice, and the Clerk is
instructed to terminate defendant Powell as a party defendant. Baker may proceed on his retaliation
claims against defendants Trantaham and James.
IT IS SO ORDERED this 8th day of December, 2016.

__________________________________
UNITED STATES DISTRICT JUDGE