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Ralph W. Mcclain, Jr v. Dr. Kale

August 5, 2011

RALPH W. MCCLAIN, JR., PLAINTIFF
v.
DR. KALE, M.D., ET AL., DEFENDANTS



The opinion of the court was delivered by: William W. Caldwell United States District Judge

ORDER AND NOW, this 5th day of August, 2011, upon consideration of the Report and Recommendation of Magistrate Judge Smyser, to which no objection has been filed, it is ORDERED that the Report (Doc. 46) is approved. Pursuant to the Magistrate Judge's recommendation, it is ORDERED as follows:

1. The claims against Captain Does 1-4 and Nurse Does 1 and 2 are dismissed pursuant to Fed. R. Civ. P. 4(m)

2. The case is remanded to Judge Smyser for further proceedings.

William W. Caldwell

20110805

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