Woodall v. Miller et al

Filing 53

ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS in its entirety. Therefore granting 25 and 39 Motion to Dismiss and the claims against Jane Doe Bobbie Kitchen Staff are DISMISSED WITHOUT PREJUDICE. Further the claims against Casey Bartholomew are DISMISSED WITHOUT PREJUDICE. Signed by Honorable P. K. Holmes, III on April 27, 2017. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MICHAEL WOODALL
v.

PLAINTIFF
No. 2:16-CV-02086

SGT. MILLER, et al.

DEFENDANTS
ORDER

The Court has received a report and recommendation (Doc. 44) from United States
Magistrate Judge Mark E. Ford.

Plaintiff filed objections (Doc. 52) to the report and

recommendation. The deadline to respond to the objections has not passed, but no response is
necessary.

The Court has conducted de novo review of those portions of the report and

recommendation to which Plaintiff has objected. 28 U.S.C. § 636(b)(1)(C). Plaintiff’s objections
offer neither law nor fact requiring departure from the Magistrate’s findings and recommendations
and the report does not otherwise contain any clear error.

The Magistrate’s report and

recommendation (Doc. 44) is ADOPTED IN ITS ENTIRETY.
IT IS THEREFORE ORDERED that Defendant Jane Doe Bobbie Kitchen Staff’s motions
to dismiss (Docs. 25 and 39) are GRANTED, and the claims against her are DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the claims against Defendant Casey Bartholomew are
DISMISSED WITHOUT PREJUDICE.
All other claims remain pending at this time.
IT IS SO ORDERED this 27th day of April, 2017.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE