Barbee v. Murphy et al
ORDER ADOPTING 30 REPORT AND RECOMMENDATIONS in their entirety; granting in part and denying in part 11 Motion to Dismiss as set forth. Signed by Honorable Robert T. Dawson on September 16, 2015. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
SYLVESTER O. BARBEE
Civil No. 14-6082
LISBETH ANNE MURPHY, individually
and as Doctor, Ouachita River
Correction Unit; WENDY KELLEY,
individually and as Director of
Health & Correctional Programs,
Central Office ADC; and MARIE LANE,
individually and as a Corizon employee,
Ouachita River Correctional Unit
O R D E R
On this 16th day of September 2015, there comes on for
consideration the report and recommendation filed in this case
on June 25, 2015, by the Honorable Mark E. Ford, United States
Magistrate for the Western District of Arkansas.
Also before the Court are Separate Defendant Wendy Kelley’s
objections (doc. 31) and Plaintiff’s Response thereto (doc. 35).
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
Accordingly, Separate Defendant Kelley’s Motion
to Dismiss (doc. 11) is GRANTED IN PART AND DENIED IN PART.
motion (doc. 11) is GRANTED as to Plaintiff’s claims against
Kelley in her official capacity, and those claims are DISMISSED
The motion (doc. 11) is DENIED as to
Plaintiff’s individual capacity medical care claim.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?