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)

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