Martin v. Floyd et al

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 8 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 19 ; separate defendant Brown is dismissed without prejudice. Claims against other defendants will proceed. Signed by Honorable Susan O. Hickey on December 11, 2015. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION CEDRIC MARTIN v. PLAINTIFF Case No. 4:15-cv-04059 DEWAYNE FLOYD; NURSE N. BROWN; and LIEUTENANT ADAMS DEFENDANTS ORDER Before the Court is the Report and Recommendation filed November 23, 2015, by the Honorable James R. Marschewski, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 19). Judge Marschewski recommends the Motion to Dismiss (ECF No. 8) filed by Defendant Brown 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. ยง 636(b)(1). The Court adopts the Report and Recommendation in toto. Accordingly, the Motion to Dismiss filed by Defendant Brown (ECF No. 8) is hereby GRANTED. All claims against Nurse N. Brown are dismissed without prejudice. Claims against the other defendants may proceed. IT IS SO ORDERED, this 11th day of December, 2015. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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