Smith v. Adams et al

Filing 46

ORDER adopting Report and Recommendations re 45 . Nurse Bruce is dismissed without prejudice. Signed by Honorable Susan O. Hickey on October 12, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF A RKANSAS TEXARKANA DIVISION DELRAE MCKENZY SMITH v. PLAINTIFF Civil No. 4:14-cv-04126 LT. ADAMS, et al. DEFENDANTS ORDER Before the Court is the Report and Recommendation filed September 15, 2016, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 45). Judge Bryant recommends that the Court grant Plaintiff’s oral Motion to Dismiss Nurse Bruce as a Defendant pursuant Federal Rule of Civil Procedure 41(a)(2) without prejudice. No party has filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Recommendation in toto. Upon review, the Court adopts the Report and Accordingly, Plaintiff’s oral Rule 41(a)(2) Motion to Dismiss Nurse Bruce as a Defendant is GRANTED and Defendant Nurse Bruce is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED, this 12th day of October, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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