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YBARRA v. ARKANSAS DEPARTMENT OF CORRECTION, 1:11CV00057 JMM/BD. (2012)

Court: District Court, E.D. Arkansas Number: infdco20120425b93 Visitors: 14
Filed: Apr. 24, 2012
Latest Update: Apr. 24, 2012
Summary: ORDER JAMES M. MOODY, District Judge. The Court has received a Partial Recommended Disposition ("Recommendation") from Magistrate Judge Beth Deere. After careful review of the Recommendation, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects. Defendants' motion for summary judgment (docket entry #76) is GRANTED
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ORDER

JAMES M. MOODY, District Judge.

The Court has received a Partial Recommended Disposition ("Recommendation") from Magistrate Judge Beth Deere. After careful review of the Recommendation, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects.

Defendants' motion for summary judgment (docket entry #76) is GRANTED, in part, and DENIED, in part. Ms. Ybarra's claims for money damages against Defendants Dixon and Hoots in their official capacities are DISMISSED, with prejudice. Her claims against Defendant Dixon in her individual capacity are DISMISSED, without prejudice. Ms. Ybarra should be permitted to proceed on her claims against Defendant Hoots in his individual capacity.

IT IS SO ORDERED.

Source:  Leagle

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