Brewer v. McCann et al

Filing 43

ORDER ADOPTING 31 PARTIAL REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge H. David Young in their entirety as this Court's findings in all respects. Plaintiff is allowed to proceed to jury trial on his claims of excessive force against De fendant Rick Webb, & denial of adequate medical care against Defendants John Smith, Jeremy Sparks & Debra McMullin. Plaintiff's claims against Defendant Jack McCann are DISMISSED WITH PREJUDICE for failure to introduce sufficient evidence to create a fact issue to be submitted to a jury, & McCann's name is removed as a party Defendant. Signed by Judge Susan Webber Wright on 6/28/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
NICKLELAS NECESSITY BREWER
ADC #116152
V.

PLAINTIFF

NO: 3:10CV00245 SWW/HDY

JACK McCANN et al.

DEFENDANTS

ORDER
The Court has reviewed the Proposed Findings and Partial Recommended Disposition
submitted by United States Magistrate Judge H. David Young, and the objections filed. After
carefully considering the objections and making a de novo review of the record in this case, the
Court concludes that the Proposed Findings and Partial Recommended Disposition should be, and
hereby are, approved and adopted in their entirety as this Court's findings in all respects.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff is allowed to proceed to jury trial on his claims of excessive force against

Defendant Rick Webb, and denial of adequate medical care against Defendants John Smith, Jeremy
Sparks, and Debra McMullin.
2.

Plaintiff’s claims against Defendant Jack McCann are DISMISSED WITH

PREJUDICE for failure to introduce sufficient evidence to create a fact issue to be submitted to a
jury, and McCann’s name is removed as a party Defendant.
DATED this 28th day of June, 2011.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE