Martin v. Craig et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; re 32 ; denying 8 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Susan O. Hickey on April 29, 2013. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION CURTIS L. MARTIN vs. PLAINTIFF Civil No. 1:12-cv-01057 KENNY CRAIG, et al DEFENDANTS ORDER Before the Court is the Report and Recommendation filed April 3, 2013 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 32). Judge Bryant recommends that Defendants’ Motion to Dismiss (ECF No. 8) be denied. 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’ Motion to Dismiss is DENIED without prejudice. Defendants may renew their motion once Plaintiff has filed a proper addendum to his Complaint pursuant to the Court’s Order on April 3, 2013. IT IS SO ORDERED, this 29th day of April, 2013. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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