Hastings v. May et al

Filing 65

ORDER ADOPTING 62 the proposed findings and recommendations; granting in part 56 defendants' motion for summary judgment; dismissing, with prejudice, plaintiff's allegations against defendants Barnes and Jones, and dismissing Barnes and Jones as defendants; dismissing, with prejudice, plaintiff's medical allegations against defendant Smith; and allowing plaintiff's failure to protect and retaliation claim against defendant Smith to remain pending. Signed by Chief Judge Brian S. Miller on 10/28/2013. (kdr)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION MICHAEL HASTINGS ADC #110772 v. PLAINTIFF CASE NO. 2:12CV00200 BSM BOBBY MAY, Sheriff, St. Francis County, et al. DEFENDANTS ORDER The proposed findings and recommendations from United States Magistrate Judge Joe J. Volpe have been reviewed, along with plaintiff’s objections. After careful consideration and a de novo review of the record, it is determined that the proposed findings and recommendations should be, and hereby are, adopted in their entirety. IT IS THEREFORE ORDERED that: 1. Defendants’ motion for summary judgment [Doc. No. 56] is granted in 2. Plaintiff’s allegations against defendants Barnes and Jones are dismissed part. with prejudice, and Barnes and Jones are dismissed as defendants. 3. Plaintiff’s medical allegations against defendant Smith are dismissed with prejudice. 4. Plaintiff’s failure to protect and retaliation claims against defendant Smith remain pending. IT IS SO ORDERED this 28th day of October 2013. ________________________________ UNITED STATES DISTRICT JUDGE

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