Lee v. Miller County, Arkansas et al

Filing 62

ORDER adopting Report and Recommendations re 59 Report and Recommendations, and granting 47 Motion to Amend, which is construed as a Motion to Dismiss. All claims against Warden Neff and Major G. Turner are dismissed. Warden Neff and Major G. Turner terminated as defendants. This case is referred back to Magistrate Judge Bryant for a report and recommendation on the remaining defendants. Signed by Honorable Jimm Larry Hendren on June 26, 2009. (cap)

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IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION R U S S E L L LEE v. C i v i l No. 08-4102 PLAINTIFF M I L L E R COUNTY, ARKANSAS; S H E R I F F RAMBO; WARDEN J A N I C E NICHOLSON; S G T . DOLLY SIMMONS; D O N THORNELL, Acting Sheriff o f Miller County; SGT. BAYLESS; M A J O R G. TURNER; and W A R D E N NEFF ORDER DEFENDANTS N o w on this 26th day of June, 2008, comes on for consideration t h e Report and Recommendation of the Magistrate Judge, Hon. Barry A . Bryant (document #59, filed June 1, 2009), in this matter, to which no objections have been filed, and the Court, having c a r e f u l l y reviewed said Report and Recommendation, finds that it is s o u n d in all respects, and that it should be adopted in toto. I T IS THEREFORE ORDERED that the Magistrate Judge's Report and R e c o m m e n d a t i o n is adopted in toto. I T IS FURTHER ORDERED that, for the reasons stated in the M a g i s t r a t e Judge's Report and Recommendation, plaintiff's Motion to A m e n d (doc. #47) is construed as a Motion to Dismiss and is hereby g r a n t e d and all claims against Major G. Turner and Warden Neff are h e r e b y dismissed. This case is referred back to Magistrate Judge B r y a n t for a report and recommendation on the remaining defendants. I T IS SO ORDERED. / s / J i m m Larry Hendren H O N . JIMM LARRY HENDREN U N I T E D STATES DISTRICT JUDGE

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