Barbee v. Murphy et al

Filing 46

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION SYLVESTER O. BARBEE V. PLAINTIFF 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 DEFENDANTS 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. (Doc. 30). 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 its entirety. Accordingly, Separate Defendant Kelley’s Motion to Dismiss (doc. 11) is GRANTED IN PART AND DENIED IN PART. The motion (doc. 11) is GRANTED as to Plaintiff’s claims against Kelley in her official capacity, and those claims are DISMISSED AO72A (Rev. 8/82) WITHOUT PREJUDICE. 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 AO72A (Rev. 8/82)

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