Baker v. Tallant et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 31 Report and Recommendations; denying 12 Motion to Dismiss Case; denying 22 Motion to Dismiss for Failure to State a Claim; denying 25 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Susan O. Hickey on August 7, 2015. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LEE BAKER VS. PLAINTIFF CASE NO: 14-CV-4104 JANA TALLANT; JAILER DEWANDA; BRIAN COOK; HECTOR CRUZ; JAILER SHAW; JAILER MISTY; and SHELBY MILLER DEFENDANTS ORDER Before the Court is the Report and Recommendation filed July 20, 2015 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 31). Judge Bryant recommends that the following motions be denied: Defendants Cruz, Dewanda, Shaw, and Tallant’s Motion to Dismiss (ECF No. 12); Defendant Cook’s Motion to Dismiss (ECF No. 22); and Defendant Miller’s Motion to Dismiss (ECF No. 25). 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’ Motions to Dismiss (ECF Nos. 12, 22, & 25) should be and hereby are DENIED. IT IS SO ORDERED, this 7th day of August, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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