Elliott v. USA et al

Filing 137

ORDER ADOPTING 113 Revised Partial Report and Recommendations granting in part and denying in part 47 Motion to Dismiss filed by defts; and denying 80 Motion for Summary Judgment filed by Alfred Elliott 135 . Signed by Judge Susan Webber Wright on 4/1/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION ALFRED ELLIOTT VS. CASE NO.2:07CV00135SWW/HLJ DEFENDANTS ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr.. There have been no objections. After a review of those proposed findings and recommendations, the Court adopts them in their entirety. Accordingly, IT IS, THEREFORE, ORDERED that defendants' motion to dismiss, or in the alternative, for summary judgment, is hereby GRANTED in part, with respect to Counts II, III, IV, V, and VI, and DENIED with respect to Counts I and VII. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment with respect to Count VI is hereby DENIED. IT IS SO ORDERED this 1ST day of April 2009. PLAINTIFF UNITED STATES OF AMERICA, et al. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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