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)

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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

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