Williams v. Smith et al

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 48 Report and Recommendations; denying 31 Motion to Dismiss for Lack of Jurisdiction; denying 9 Motion to Dismiss. Signed by Honorable James R. Marschewski on September 2, 2011. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TRACY BERNARD WILLIAMS v. PLAINTIFF Case No. 4:10-CV-04085 FORMER CORPORAL TRACY SMITH, Miller County Detention Cenetr; FORMER CORRECTIONAL OFFICER SONYA SMITH, Miller County Detention Center; WARDEN TURNER; and NURSE WILLIAMS DEFENDANTS ORDER On this 2nd day of September 2011, there comes on for consideration the Report and Recommendations (Doc. 48) filed in this case on July 21, 2011, by the Honorable James R. Marschewski, 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 Recommendation, Defendant Nurse Williams’ Motion to Dismiss (Doc. 9) is DENIED, and Defendant Nurse Williams’ Motion to Dismiss for Lack of Jurisdiction (Doc. 31) is also DENIED. IT IS SO ORDERED this 2nd day of September 2011. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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