Hays v. Howard et al

Filing 41

ORDER adopting Report and Recommendations re 34 Report and Recommendations.; granting in part and denying in part 16 Motion to Dismiss; granting in part and denying in part 28 Motion to Dismiss; ORDER DIRECTING that an Amended Complaint be filed.( Amended Complaint due by 3/21/2014). Clerk is directed to send Plaintiff a form complaint. All Defendants in their official capacities are dismissed without prejudice. Signed by Honorable P. K. Holmes, III on February 27, 2014. (tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION GUY F. HAYS, JR. v. PLAINTIFF Case No. 5:13-CV-05044 DR. HOWARD; CORPORAL SHARP; JAILER A. MOBBS; JAILER A. SMITH; NURSE VICKERY; and NURSE RHONDA BRADLEY DEFENDANTS ORDER Currently before the Court is the report and recommendation (Doc. 34) filed in this case on January 29, 2014, by the Honorable Erin L. Setser, United States Magistrate for the Western District of Arkansas. The time for filing objections has passed with no objections having been filed by any party. The Court has reviewed this case and, being well and sufficiently advised, finds as follows: the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly, for the reasons stated in the Magistrate’s report and recommendation, Defendants’ motions to dismiss (Docs. 16 and 28) are GRANTED IN PART AND DENIED IN PART. The motions are granted insofar as all claims against Defendants in their official capacities are DISMISSED WITHOUT PREJUDICE for failure to state a claim. The motions are denied in regard to Plaintiff’s claims against Defendants in their individual capacities. The Clerk is directed to send Plaintiff a form complaint. Plaintiff is directed to file an amended complaint, using the form, by no later than Friday, March 21, 2014. In amending his complaint, Plaintiff is directed to identify or describe any action or inaction by each specific Defendant, individually, that he feels violated his rights. Failure of Plaintiff to timely file a properly amended complaint may result in dismissal of his action for failure to follow a court order and/or for failure to state a claim. IT IS SO ORDERED this 27th day of February, 2014. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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