Hansler v. Kelley et al
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
WENDY KELLEY, Director, Arkansas
Department of Correction (ADC), et al.
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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