Smith v. Correctional Medical Services, Inc. et al

Filing 34

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION ELTON BENNIE SMITH, JR. ADC #144885 v. PLAINTIFF Case No. 11-6036 CORRECTIONAL MEDICAL SERVICES, INC., et al. DEFENDANTS ORDER Now on this 28th day of September 2012, there comes on for consideration the report and recommendation filed herein on August 24, 2012, by the Honorable Barry A. Bryant, United Magistrate Judge for the Western District of Arkansas. States (Doc. 32). 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 sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. 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. The U.S. District Clerk is directed to note that Plaintiff is asserting only individual capacity claims against these defendants. respects, the motion is DENIED. AO72A (Rev. 8/82) In all other IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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