Walls v. Hobbs et al

Filing 59

Order approving and adopting in their entirety 51 proposed findings and recommended disposition; denying 36 plaintiff's motion for summary judgment; granting 38 motion for summary judgment filed by defendants Harmon, Hobbs, and Kelley; gra nting 41 cross-motion for summary judgment filed by defendants Anderson, Green, and Hughes; dismissing Defendant T. Aldridge for failure to serve; and, dismissing plaintiff's complaint against defendants without prejudice. Signed by Judge Brian S. Miller on 4/28/2011. (dmn)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS HELENA DIVISION CHARLES WALLS, ADC #111912 v. PLAINTIFF CASE NO. 2:10CV00041BSM/JTK RAY HOBBS et al. DEFENDANTS ORDER The proposed findings and recommended disposition submitted by United States Magistrate Judge Jerome T. Kearney and the filed objections have been reviewed. After carefully considering these documents and making a de novo review of the record, it is concluded that the proposed findings and recommended disposition should be, and hereby are, approved and adopted in their entirety in all respects. IT IS THEREFORE ORDERED that: 1. Plaintiff’s motion for summary judgment [Doc. No. 36] is denied. 2. The motion for summary judgment filed by defendants Harmon, Hobbs, and Kelley [Doc. No. 38] is granted. 3. The cross-motion for summary judgment filed by defendants Anderson, Green, and Hughes [Doc. No. 41] is granted. 4. Defendant T. Aldridge is dismissed for failure to serve, pursuant to Federal Rule of Civil Procedure 4(m). 5. Plaintiff’s complaint against defendants is dismissed without prejudice. An appropriate judgment shall accompany this order. IT IS SO ORDERED this 28th day of April, 2011. ________________________________ UNITED STATES DISTRICT JUDGE 2

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