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)

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)