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Jones v. Hendrix
2:19-cv-00010
E.D. Ark.
Jul 1, 2019
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Docket

*1 IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

EDDIE JONES,

Reg. #18664-026 PLAINTIFF v. No. 2:19-cv-10-DPM-JTK NWANNEM OBI-OKOYE,

MD, Health Service Doctor; and

JUDITH LAMARRE,• Physician

Assistant, both individually and

in their official capacities DEFENDANTS

ORDER On de novo review, the Court adopts Magistrate Judge Kearney's recommendation as modified, NQ 25, and overrules Jones' s objections, NQ 26. FED. R. CIV. P. 72(b)(3). The modification: Lamarre's absolute immunity deprives the Court of subject matter jurisdiction. Hui v. Castaneda, 559 U.S. 799, 807-11 (2010); FED. R. CIV. P. 12(b)(1). Consideration of the affidavit is proper in these circumstances. Drevlow v. Lutheran Church, Missouri Synod, 991 F.2d 468, 470 (8th Cir. 1993). Lamarre's motion to dismiss, NQ 21, is granted. All Jones's claims against Lamarre are dismissed with prejudice.

[*] The Court directs the Clerk to correct Judith Lamarre' s name on the docket.

So Ordered.

D .P. Marshalfir_ United States District Judge

I .T 4j ;J.0 I 9 -2-

Case Details

Case Name: Jones v. Hendrix
Court Name: District Court, E.D. Arkansas
Date Published: Jul 1, 2019
Docket Number: 2:19-cv-00010
Court Abbreviation: E.D. Ark.
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