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GRIGGS v. LIVERMORE, 13-5133. (2014)

Court: District Court, W.D. Arkansas Number: infdco20130314a38 Visitors: 24
Filed: Mar. 13, 2014
Latest Update: Mar. 13, 2014
Summary: ORDER JIMM LARRY HENDREN, District Judge. Now on this 13th day of March, 2014, come on for consideration defendant's Motion To Dismiss (document #14) and the Report And Recommendation Of The Magistrate Judge (document #22), to which no objections have been made, and the Court, having carefully reviewed said Report And Recommendation, finds that it is sound in all respects, and that it should be adopted in toto. IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistr
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ORDER

JIMM LARRY HENDREN, District Judge.

Now on this 13th day of March, 2014, come on for consideration defendant's Motion To Dismiss (document #14) and the Report And Recommendation Of The Magistrate Judge (document #22), to which no objections have been made, and the Court, having carefully reviewed said Report And Recommendation, finds that it is sound in all respects, and that it should be adopted in toto.

IT IS THEREFORE ORDERED that the Report And Recommendation Of The Magistrate Judge (document #22) is adopted in toto.

IT IS FURTHER ORDERED that, for the reasons stated in the Report And Recommendation Of The Magistrate Judge, defendant's Motion To Dismiss (document #14) is granted in part and denied in part. The motion is granted as to plaintiff's official capacity claim against defendant, and that claim is dismissed. The motion is denied as to plaintiff's individual claim against defendant, and that claim is remanded to Magistrate Judge Erin L. Setser for further proceedings.

IT IS SO ORDERED.

Source:  Leagle

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