Davis v. Vorhease et al

Filing 28

ORDER adopting Report and Recommendations re 27 Report and Recommendations; granting 24 Second Motion to Dismiss and Plaintiff's Complaint is hereby dismissed without prejudice. Defendant's 18 First Motion to Dismiss is denied as moot. Signed by Honorable Susan O. Hickey on May 29, 2013. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION RAPHAEL DAMELL DAVIS vs. PLAINTIFF Civil No. 1:12-cv-1017 MICHAEL VORHEASE; BRYAN SLAUGHTER; NURSE SUSIE TANKSLEY; and DAVID JOHNSON DEFENDANTS ORDER Before the Court is the Report and Recommendation filed May 6, 2013 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 27). Judge Bryant recommends that Defendants’ Second Motion to Dismiss (ECF No. 24) be granted. The parties have not filed objections to the Report and Recommendation, and the time for doing so has passed. See 28 U.S.C. § 636(b)(1). After reviewing the record de novo, the Court finds that Judge Bryant’s Report and Recommendation should be adopted in its entirety. Accordingly, the Court hereby adopts Judge Bryant’s Report and Recommendation, and Defendants’ Second Motion to Dismiss is GRANTED. Plaintiff’s Complaint is hereby DISMISSED WITHOUT PREJUDICE. Defendants’ First Motion to Dismiss (ECF No. 18) is therefore DENIED AS MOOT. IT IS SO ORDERED, this 29th day of May, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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