Register v. Helder et al

Filing 100

ORDER Adopting 62 94 Report and Recommendations and granting 35 Motion to Dismiss claims against Jennifer Laub without prejudice; granting 67 Motion to Dismiss for Failure to State a Claim. Claims against Defendants Lee and Harris will proceed in their individual capacities. Signed by Honorable P. K. Holmes, III on October 16, 2015. (src)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BARRY WAYNE REGISTER a/k/a CHARLIE RAY STARR v. PLAINTIFF Case No. 5:15-CV-05052 SHERIFF TIM HELDER; DR. MULLINS; NURSE RHONDA BRADLEY; TERRY LEE, Administrator for Southern Health Partners; NURSE HARRIS; JENNIFER LAUB, Aramark Administrator for Commissary; and KATHERINE STANTON DEFENDANTS ORDER The Court has received two reports containing proposed findings and recommendations (Docs. 62 and 94) from United States Magistrate Judge Mark E. Ford. There have been no objections. After careful review, the Court concludes that the findings and recommendations contained in both reports should be, and hereby are, approved and adopted as this Court’s findings in all respects. Accordingly, IT IS ORDERED that the motion to dismiss (Doc. 35) filed by Defendant Jennifer Laub is GRANTED, and all claims against her are DISMISSED WITHOUT PREJUDICE for failure to state a claim. IT IS FURTHER ORDERED that the motion to dismiss (Doc. 67) filed by Defendants Terry Lee and Lilly Harris is GRANTED, and all official-capacity claims against them are DISMISSED WITHOUT PREJUDICE for failure to state a claim. The claims against Defendants Lee and Harris in their individual capacities will proceed. IT IS SO ORDERED this 16th day of October, 2015 /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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