Johnson et al v. Nashville, Arkansas, City of et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 40 Report and Recommendations ; denying as moot 14 Motion to Dismiss. Signed by Honorable Susan O. Hickey on January 31, 2012. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CARL JOHNSON and JUSTIN JOHNSON VS. PLAINTIFFS Civil No. 4:11-cv-4033 CITY OF NASHVILLE A MUNICIPAL CORPORATION, et al DEFENDANTS ORDER Before the Court is the Report and Recommendation filed January 12, 2012, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 40). Judge Bryant recommends that Defendants’ Motion to Dismiss Plaintiffs’ Amended and Substituted Complaint (ECF No. 14) be denied as moot in light of the Second Amended and Substituted Complaint (ECF No. 30) that was filed by Plaintiffs subsequent to the motion to dismiss. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and Recommendation in toto. Defendants’ Motion to Dismiss (ECF No. 14) is DENIED AS MOOT. IT IS SO ORDERED, this 31st day of January, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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