Chaney v. Cradduck et al

Filing 43

ORDER adopting 41 Report and Recommendations and granting 15 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Timothy L. Brooks on October 9, 2015. (rg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

PLAINTIFF

JAMES W. CHANEY, JR.

v.

CASE NO.: 5:14-CV-5352

SHERIFF KELLEY CRADDUCK; SERGEANT
COGBILL; LIEUTENANT J. MARTINEZ;
LIEUTENANT DEVOR; DR. ROBERTO SAEZ,
Southern Health Partners; NURSE AMBER
GOFF, Southern Health Partners; JOHN DOE
DEPUTY; CATERING BY MARLINS d/b/a CBM
Managed Services; and NURSE TYRANNY RAY

DEFENDANTS

ORDER

Comes on for consideration the Report and Recommendation (Doc. 41) filed in this
case on September 1, 2015, by the Honorable Mark E. Ford, United States Magistrate
Judge for the Western District of Arkansas. Fourteen (14) days have passed without
objections being filed by the parties.
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
Judge's Report and Recommendation, Separate Defendants' (Nurse Amber Goff, Nurse
Tyranny Ray, and Roberto Saez, M.D.) Motion to Dismiss (Doc. 15) is GRANTED and the
official capacity claims against the Separate Defendants are DISMISSED. The case will
proceed against the Separate Defendants in their individual capacities.

A
IT IS SO ORDERED on this £

day of

OKS
DISTRICT JUDGE