Butler v. Norris et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting in its entirety 42 REPORT AND RECOMMENDATIONS re 38 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted, For Improper Venue And, In The Alternative, For More Defini te Statement filed by Gordon, Correctional Medical Services. Granting 38 MOTION to Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted, For Improper Venue And, In The Alternative, For More Definite Statement filed by G ordon, Correctional Medical Services. Dismissing Separate defendants Ifadora, Turner, Correctional Medical Services and Gordon without prejudice. Terminating 37 MOTION for Leave to File filed by Gordon, Correctional Medical Services. Signed by Honorable Robert T. Dawson on August 5, 2010. (Note: EDAR 1983 Packet mailed to Plaintiff)(dmc)

Butler v. Norris et al

Doc. 44

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION MICHAEL BUTLER v. JAMES GIBSON, et al. ORDER Now on this 5th day of August 2010, there comes on for consideration the report and recommendation filed herein on July 15, 2010, by the Honorable Barry A. Bryant, United States Case No. 09-6017 DEFENDANTS PLAINTIFF

Magistrate Judge for the Western District of Arkansas.

(Doc. 42).

Also before the Court are Plaintiff's objections to the report and recommendation. (Doc. 43).

The court has reviewed this case de novo 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, the motion to dismiss (doc. 38) is GRANTED

to the extent that Plaintiff's claims against Separate Defendants Correctional Medical Services, Dona Gordon-Buie, Dr. Nnamdi

Ifediora, Dr. Ruloff Turner, and the unidentified CMS Lab Nurse are DISMISSED WITHOUT PREJUDICE for improper venue. The U.S. District

Clerk is directed to provide Plaintiff with forms so that he may file these claims in the Eastern District of Arkansas. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)

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