Williams v. Helder et al

Filing 24

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS ; granting 6 Motion to Dismiss for Failure to State a Claim.; granting 11 Motion to Dismiss. Individual capacity claims remain for Nurse Bradley. Signed by Honorable P. K. Holmes, III on September 21, 2015. (src)

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

JOSHUA JAY WILLIAMS
v.

PLAINTIFF
Case No. 5:14-CV-05370

SHERIFF TIM HELDER; SOUTHERN HEALTH
PARTNERS, INC.; and NURSE RHONDA BRADLEY

DEFENDANTS

ORDER
Currently before the Court are the proposed findings and recommendations (Doc. 22) of the
Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas. The
time for filing objections has passed, and no objections have been filed by any party.
The Court has reviewed this case and finds that the report and recommendation is proper,
contains no clear error, and should be and hereby is ADOPTED IN ITS ENTIRETY. Accordingly,
for the reasons stated in the Magistrate’s report and recommendations, IT IS ORDERED that the
partial motion to dismiss filed by Defendants Southern Health Partners, Inc. (“SHP”) and Nurse
Rhonda Bradley (Doc. 6) is GRANTED.
IT IS FURTHER ORDERED that the motion to dismiss filed by Defendant Sheriff Tim
Helder (Doc. 11) is GRANTED.
As a result of this order, all claims against SHP and Sheriff Helder, as well as all officialcapacity claims against Nurse Bradley, are DISMISSED WITHOUT PREJUDICE for failure to state
a claim. This leaves for consideration Plaintiff’s claims against Nurse Bradley in her individual
capacity.

IT IS SO ORDERED this 21st day of September, 2015.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE