Walton v. Garland County Detention Center et al

Filing 15

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS in its entirety. Further granting in part and denying in part 7 Motion to Dismiss for Failure to State a Claim, see Order for specifics. Signed by Honorable Robert T. Dawson on March 26, 2015. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION ROBERT J. WALTON, III PLAINTIFF v. No. 6:14-cv-06035 GARLAND COUNTY DETENTION CENTER; DEPUTY JOHN SCHRODER; CAPTAIN RONNIE BRANSTETTER; and DEPUTY C. DELAHUNT DEFENDANTS ORDER Now on this 26th day of March 2015, there comes on for consideration February 24, the report 2015, by and the recommendation Honorable Barry filed A. herein Bryant, on United States Magistrate Judge for the Western District of Arkansas. (Doc. 14). No objections to the report and recommendation have been filed. 1 The court has reviewed this case and, being well and sufficiently advised, finds that the report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, the Defendants’ Motion GRANTED IN PART AND DENIED IN PART. 1 to Dismiss (Doc. 7) is Plaintiff’s claims against The Court notes that Plaintiff’s copy of the Report and Recommendation was returned as undeliverable on March 3, 2015. The Court further notes that, after prior mailings were returned to the Court marked undeliverable, an Order was entered on February 11, 2015, directing the clerk to change Plaintiff’s address to the home address he provided to the detention center when he was booked. (Doc. 13). Plaintiff has not provided the Court with any other address. the Garland County Detention Center are DISMISSED WITH PREJUDICE, and Plaintiff’s claims based on alleged inadequacies in the grievance procedure are DISMISSED WITHOUT PREJUDICE. As to Plaintiff’s remaining claims, Defendants’ Motion to Dismiss is DENIED. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge 2

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