Berger v. Bell et al

Filing 51

ORDER ADOPTING Partial Report and Recommendations 45 and granting in part and denying in part 23 Motion to Dismiss filed by Greg Harmon, Wilson, Hall, Ray Hobbs, Bryant, Larry Norris, Williams, Glenny, Bell, Kelley. Signed by Judge James M. Moody on 9/22/08. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION RUSSELL BERGER ADC #115855 VS. JAMES BELL, et al. ORDER The Court has received proposed findings and recommendations from United States Magistrate Judge Henry L. Jones, Jr. After careful review of the findings and CASE NO. 2:08CV00057 JMM DEFENDANTS PLAINTIFF

recommendations and the timely objections thereto, as well as a de novo review of the record, the Court concludes that the findings and recommendations should be, and are hereby, approved and adopted as this Court's findings in all respects in their entirety. IT IS, THEREFORE, ORDERED that Defendants' motion for summary judgment (DE #23) is GRANTED IN PART, with respect to Plaintiff's allegations against them concerning the denial of meditation cushions, and DENIED with respect to Plaintiff's allegations concerning the denial of a religious diet. SO ORDERED this 22nd day of September, 2008.

UNITED STATES DISTRICT JUDGE