Smith v. Turner et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 27 Report and Recommendations; denying 11 Motion to Dismiss. Signed by Honorable P. K. Holmes, III on September 2, 2011. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
DARRELL WAYNE SMITH
v.

PLAINTIFF
Case No. 4:10-CV-04081

WARDEN GARY TURNER;
NURSE WILLIAMS; NURSE
STEWART; and NURSE CHEATHAM

DEFENDANTS

ORDER
On this 2nd day of September 2011, there comes on for consideration the Report and
Recommendations (Doc. 27) filed in this case on June 21, 2011, by the Honorable Erin L. Setser,
United States Magistrate for the Western District of Arkansas. More than fourteen (14) days have
passed without objections being filed by the parties.
The Court has reviewed this case and, being well and sufficiently advised, finds as follows:
the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS
ENTIRETY.

Accordingly, for the reasons stated in the Magistrate Judge’s Report and

Recommendations, Defendants’ Motion to Dismiss (Doc. 11) is DENIED.
IT IS SO ORDERED this 2nd day of September 2011.

/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE