Hicks v. Rhonda et al.

Filing 46

ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS and granting 7 Motion to Dismiss for Failure to State a Claim. Defendants Southern Health Partners, Inc., Rhonda Bradley and Roberto Saez are dismissed without prejudice. Signed by Honorable Timothy L. Brooks on August 6, 2015. (tg)

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

NEHEMIAH LAMAR HICKS
V.

PLAINTIFF
CASE NO. 5:14-CV-5372

NURSE RHONDA BRADLEY; OFFICER MACKEY;
DR. ROBERTO SAEZ; SOUTHERN HEALTH
PARTNERS, INC.; and JAILER C SMITH (#563)

DEFENDANTS

ORDER

Comes on for consideration the Report and Recommendation (Doc. 44) filed in this
case on July 10, 2015, by the Honorable Mark E. Ford, United States Magistrate 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, Defendants' Motion to Dismiss (Doc. 7) is
GRANTED. All claims against Southern Health Partners, Inc., and all official-capacity

claims against Nurse Rhonda Bradley and Dr. Roberto Saez are DISMISSED WITHOUT
PREJUDICE.

Individual-capacity claims against Nurse Bradley and Dr. Saez are