Wilmoth v. Robbins et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS 52 Report and Recommendations, denying 49 Motion to Dismiss filed by Aramark Correctional Services, LLC, denying 54 Motion to Extend filed by Michael Shane Wilmoth.REFERRING CASE to Honorable James R. Marschewski. Signed by Honorable Jimm Larry Hendren on December 1, 2008. (jn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MICHAEL SHANE WILMOTH v. Civil No. 08-5105 PLAINTIFF DEPUTY ROBBINS, Benton County Detention Center; DEPUTY CARLTON, Benton County Detention Center; DEPUTY LOWTHER, Benton County Detention Center; SHERIFF KEITH FERGUSON, Benton County, Arkansas; CAPTAIN HUNTER PETRAY, Jail Administrator, Benton County Detention Center; LT. CARTER, Benton County Detention Center; and ARAMARK CORRECTIONAL SERVICES, LLC ORDER Now on this 1st day of December, 2008, DEFENDANTS come on for consideration the following: * the Motion To Dismiss Of ARAMARK Correctional Services, LLC, For Failure To State A Claim (document #49); * the Report And Recommendation Of The Magistrate Judge (document #52); and * plaintiff's Motion To Extend Time To [sic] Objections (document 54), and the Court, being well and sufficiently advised, finds and orders as follows: 1. The Report And Recommendation, which recommends denial of ARAMARK's Motion To Dismiss, is sound in all respects, and should be adopted in toto. 2. 3. ARAMARK's Motion To Dismiss should be denied. There is no need to allow plaintiff additional time to make objections to the Report And Recommendations, since it is fully favorable to him. IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistrate Judge is adopted in toto. IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, the Motion To Dismiss Of ARAMARK Correctional Services, LLC, For Failure To State A Claim (document #49) is denied. IT IS FURTHER ORDERED that plaintiff's Motion To Extend Time To [sic] Objections (document 54) is denied. IT IS FURTHER ORDERED that this matter is remanded to the Magistrate Judge for further proceedings. IT IS SO ORDERED. /s/ Jimm Larry Hendren JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE -2-

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