Hayes v. Arkansas Department of Corrections et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; re 20 Report and Recommendations; granting 8 Motion to Dismiss for Failure to State a Claim; granting 10 Motion to Dismiss for Failure to State a Claim; Arkansas Department of Correction, Wendy Kelley, and the CommunityEducation centers are dismissed; claims against the other Defendants remainpending. Signed by Honorable Susan O. Hickey on December 8, 2015. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION RON HAYES VS. PLAINTIFF Civil No. 4:15-cv-4046 ARKANSAS DEPARTMENT OF CORRECTION; COMMUNITY EDUCATION CENTERS; WENDY KELLEY, DIRECTOR OF THE ARKANSAS DEPARTMENT OF CORRECTION; WARDEN SHANE CAMPBELL; CHRISTOPHER WILLIAMS; ROCKY BARNETT; BRANDON SUMNER; JOHN GOOD; RICHARD NICHOLS; and JOHN DOES DEFENDANTS ORDER Before the Court is the Report and Recommendation filed November 5, 2015, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 20). Judge Bryant recommends that Separate Defendants’ Motions to Dismiss (ECF Nos. 8 & 10) be granted. 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. The Motions to Dismiss should be and hereby are GRANTED. All claims against Defendants Arkansas Department of Correction, Wendy Kelley, and the Community Education centers are hereby dismissed. Plaintiff’s claims against the other Defendants remain pending. IT IS SO ORDERED, this 8th day of December, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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