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)

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