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)

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