Fitzgerald v. Busby et al

Filing 68

ORDER ADOPTING 66 REPORT AND RECOMMENDATIONS of Magistrate Judge Joe J. Volpe. Therefore, Defendants' 49 Motion for Summary Judgment is granted. Fitzgerald's complaint is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 6/9/2011. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NATHANIEL L. FITZGERALD ADC #84210 v. PLAINTIFF Case No. 3:10-cv-46-DPM TERESA BONNER, SHRADER, and LINDSEY PETERSON DEFENDANTS ORDER The Court has considered Magistrate Judge Joe J. Volpe's Proposed Findings and Recommendations, Document No. 66, to which Nathaniel Fitzgerald has not objected. The Court sees no legal error and no clear error of fact on the face of this record as a whole. FED. R. CIV.P. 72(b) (1983 addition to advisory committee notes). The Court therefore adopts Judge Volpe's recommendation as its own. FED. R. CIV. P. 72(b). Defendants' motion for summary judgment, Document No. 49, is granted. And Fitzgerald's complaint is dismissed with prejudice. So Ordered. o D.P. Marshall Jr. ' United States District Judge 9 1]/Ale. Jo /I -2­

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