Barbee v. Duboise et al

Filing 91

ORDER ADOPTING REPORT AND RECOMMENDATIONS and granting 82 Motion to Dismiss for Failure to State a Claim.; granting 82 Motion to Dismiss for Lack of Jurisdiction; Fred Harris terminated. Signed by Honorable Jimm Larry Hendren on October 26, 2011. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
SYLVESTER O. BARBEE

PLAINTIFF

v.

Civil No. 09-6112

LT. DUBOISE, Ouachita River
Correctional Unit (ORCU); LT.
DANIELS, ORCU; MAJOR
WARNER, ORCU; and
FRED HARRIS, Chief of Pharmacy

DEFENDANTS
ORDER

Now

on

this

26th

day

of

October,

2011,

comes

on

for

consideration the Report And Recommendation Of The Magistrate Judge
(document #85), to which there are no objections, and the Court, being
well

and

sufficiently

advised,

finds

that

the

Report

And

Recommendation is sound in all respects, and should be adopted in its
entirety.
IT IS THEREFORE ORDERED that the Report And Recommendation Of
The Magistrate Judge (document #85) is adopted in its entirety.
IT IS FURTHER ORDERED that the Motion to Dismiss the Complaint
(document #82) of separate defendant Fred Harris is GRANTED and all
claims asserted against Fred Harris are DISMISSED.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE