Burgess v. Sherrod et al

Filing 88

ORDER adopting 85 unopposed recommendation; denying 69 Burgess's motion for summary judgment; granting 70 Bailey, Counts, and Hanney's joint motion for summary judgment and dismissing with prejudice all of Burgess's claims agains t them; denying 74 Defendant Sherrod's motion for summary judgment. The Court will hold a bench trial on Burgess's remaining claim against Sherrod on 10/30/2017 at 9:30 a.m. A Final Scheduling Order will issue soon. The Court ask Magistrate Judge Harris to appoint counsel to represent Burgess. Signed by Judge D. P. Marshall Jr. on 12/28/2016. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
WILLIAM BURGESS
ADC #127925
v.

PLAINTIFF
No. 1:15-cv-67-DPM-PSH

BRIAN SHERROD, Deputy, Sharp
County Jail; CODY BAILEY, Deputy,
Sharp County Jail; STAN HANNEY, Jail
Administrator, Sharp County Jail; and
MARK COUNTS, Sheriff, Sharp County

DEFENDANTS

ORDER
1. Unopposed recommendation, Ng 85, adopted.

FED.

R. Crv. P. 72(b)

(1983 addition to advisory committee notes). Burgess's motion for summary
judgment, Ng 69, is denied. Bailey, Counts, and Hanney' s joint motion for
summary judgment, Ng 70, is granted. All Burgess's claims against them are
dismissed with

prejudice.

Defendant Sherrod' s motion for summary

judgment, Ng 74, is denied.
2. The Court will hold a bench trial on Burgess's remaining claim

against Sherrod on 30 October 2017 at 9:30 a.m. A Final Scheduling Order
will issue soon. The Court asks Magistrate Judge Harris to appoint counsel
to represent Burgess.

So Ordered.
D.P. Marshall Jf
United States District Judge

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