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

Filing 53

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 49 Report and Recommendations; granting separate defendant Thomas Boozer's 23 Motion to Dismiss and Motion to Dismiss for Failure to State a Claim. Signed by Honorable Susan O. Hickey on May 7, 2012. (cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CARL JOHNSON and JUSTIN JOHNSON vs. PLAINTIFF Case No. 4:11-cv-4033 CITY OF NASHVILLE, A MUNICIPAL CORPORATION, et al DEFENDANTS ORDER Before the Court is the Report and Recommendation filed April 17, 2012 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 49). Judge Bryant recommends that Separate Defendant Thomas Boozer’s Motion to Dismiss (ECF No. 23) be granted. Specifically, Judge Bryant notes that subsequent to the filing of Boozer’s Motion to Dismiss, Plaintiffs filed an amended complaint in which Boozer was not named as a defendant. 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. Separate Defendant Thomas Boozer’s Motion to Dismiss (ECF No. 23) is GRANTED. IT IS SO ORDERED, this 7th day of May, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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