Dayringer et al v. Webster et al

Filing 25

ORDER denying 19 defendants' motion to dismiss case; adopting 23 Report and Recommendation of March 18, 2009. Signed by District Judge Scott O. Wright on 5/19/2009. (Sandridge, Susan)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION JOSEPH LEROY DAYRINGER, Register No. 161097, and JAMES ERIC MANSFIELD, Register No. 191434, Plaintiffs, v. DAVID WEBSTER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER No. 08-4128-CV-C-SOW On March 18, 2009, United States Magistrate Judge William A. Knox recommended that defendants' motion to dismiss be denied. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. 636(b)(1)(C). No exceptions have been filed. A review of the record convinces the court that the recommendation of the Magistrate Judge is correct and should be adopted. IT IS, THEREFORE, ORDERED that the Report and Recommendation of March 18, 2009, is adopted. [23] It is further ORDERED that defendants' motion to dismiss is denied. [19] /s/ Scott O. Wright SCOTT O. WRIGHT Senior United States District Judge DATED: May 19, 2009

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