Smith v. Correctional Medical Services, Inc. et al
ORDER ADOPTING 32 REPORT AND RECOMMENDATIONS and granting in part and denying in part 8 Motion to Dismiss Party ; granting in part and denying in part 8 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Robert T. Dawson on September 28, 2012. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
ELTON BENNIE SMITH, JR.
Case No. 11-6036
SERVICES, INC., et al.
Now on this 28th day of September 2012, there comes on for
consideration the report and recommendation filed herein on August
Magistrate Judge for the Western District of Arkansas.
Also before the Court are Defendants’ objections (doc. 33) to the
report and recommendation.
The court has reviewed this case de novo and, being well and
recommendation is proper and should be and hereby is adopted in its
Accordingly, Defendant’s Motion to Dismiss (doc. 8) is
GRANTED IN PART and DENIED IN PART.
Plaintiff’s following claims
are dismissed: (1) all official capacity claims asserted against
Warden W.D. Reed and Deputy Director Wendy Kelley.
District Clerk is directed to note that Plaintiff is asserting only
individual capacity claims against these defendants.
respects, the motion is DENIED.
In all other
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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