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)

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)