Hansler v. Kelley et al

Filing 27

ORDER ADOPTING 23 REPORT AND RECOMMENDATIONS in its entirety; further granting in part and denying in part 12 Motion to Dismiss for Failure to State a Claim, as set forth in the 23 Report and Recommendation. Signed by Honorable P. K. Holmes, III on August 21, 2017. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION MICHAEL HANSLER v. PLAINTIFF No. 6:16-CV-06088 WENDY KELLEY, Director, Arkansas Department of Correction (ADC), et al. DEFENDANTS ORDER The Court has received a report and recommendation (Doc. 23) from Chief United States Magistrate Judge Barry A. Bryant. Plaintiff has filed objections. The Magistrate recommends that the Defendants’ motion (Doc. 12) to dismiss be granted in part and denied in part. The Court has conducted de novo review of those portions of the report and recommendation to which Plaintiff has objected. 28 U.S.C. § 636(b)(1). Plaintiff’s objections offer neither law nor fact requiring departure from the Magistrate’s findings. The report and recommendation is otherwise proper, contains no clear error, and is ADOPTED IN ITS ENTIRETY. IT IS THEREFORE ORDERED that Defendants’ motion to dismiss (Doc. 12) is GRANTED IN PART and DENIED IN PART, as set forth in the report and recommendation. IT IS SO ORDERED this 21st day of August, 2017. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE

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