Webb v. Smay et al

Filing 38

ORDER ADOPTING 36 Partial Report and Recommendations and dismissing defts Munson, Rush and Selvey. Signed by Judge James M. Moody on 7/6/10. (bkp)

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Webb v. Smay et al Doc. 38 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS BATESVILLE DIVISION JEFFREY WEBB, ADC # 551387 V. CHRISTOPHER SMAY, et al. ORDER The Court has reviewed the Proposed Findings and Recommended Partial Disposition submitted by United States Magistrate Judge Joe J. Volpe. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Recommended Partial Disposition should be, and hereby are, approved and adopted in their entirety as this Court's findings in all respects. IT IS THEREFORE ORDERED that: 1. 2. Plaintiff's claims of racial discrimination based on verbal abuse are DISMISSED; Plaintiff's claims of retaliatory discipline are DISMISSED, and Defendant Munson 1:09-cv-00037-JMM-JJV DEFENDANTS PLAINTIFF is dismissed as a party Defendant; 3. Plaintiff's claims against Defendants Rush and Selvey are DISMISSED for failure to state a claim upon which relief may be granted, and they are dismissed as a party Defendants; and 4. Plaintiff will be allowed to proceed to a jury trial on his remaining claim of excessive force against Defendant Smay, with counsel to be appointed by separate order. DATED this 6th day of July, 2010. ___________________________________ JAMES M. MOODY UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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