London v. Brush-Strode et al

Filing 40

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS in its entirety. Further granting in part and denying in part 11 Motion to Dismiss as set forth. Wendy Kelley and Sell terminated. Signed by Honorable Robert T. Dawson on September 23, 2015. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION BARRY D. LONDON PLAINTIFF v. Case No. 14-6088 MRS. BRUSH-STRODE, et al. DEFENDANTS ORDER Now on this 23rd day of September 2015, there comes on for consideration the report and recommendation filed herein on June 19, 2015, by the Honorable Barry A. Bryant, United Magistrate Judge for the Western District of Arkansas. States (Doc. 28). Also before the Court are Separate Defendant Carol Buckner’s objections (doc. 29) and Plaintiff’s objections (doc. 30). 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, the Motion to Dismiss (doc. 11) filed by Separate Defendants Wendy Kelley, Carol Buckner and Douglas Sell is GRANTED IN PART AND DENIED IN PART. Plaintiff’s official capacity claims against Separate Defendants Kelley, Buckner and Sell are DISMISSED WITH PREJUDICE. Plaintiff’s individual capacity claims against Separate Defendants Kelley and Sells are DISMISSED WITH PREJUDICE. Plaintiff’s individual capacity claims against Separate Defendant Buckner and AO72A (Rev. 8/82) all claims against Separate Defendant Brush-Strode remain to be resolved. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

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