Brewer v. McCann et al

Filing 81

ORDER ADOPTING 77 PARTIAL REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge H. David Young in their entirety as this Court's findings in all respects. Defendant Debra McMullin's 60 MOTION for Summary Judgment is GRANTED; Plaintiff� 39;s claims against McMullin are DISMISSED WITHOUT PREJUDICE, & McMullin's name is removed as a party Defendant. The Court GRANTS 63 MOTION for Summary Judgment filed by John Smith, Jeremy Sparks & Rick Webb. Plaintiff's claims of inadeq uate medical care against John Smith, Jeremy Sparks & Rick Webb are DISMISSED WITHOUT PREJUDICE, & the names of John Smith & Jeremy Sparks are removed as party Defendants. Plaintiff is allowed to proceed in this case on only his claim of excessive force against Rick Webb in his personal capacity, & any other claims he is pursuing against Rick Webb's alleged use of force are DISMISSED WITH PREJUDICE. Signed by Judge Susan Webber Wright on 1/5/2012. (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. 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.

The motion for summary judgment filed by Defendant Debra McMullin (docket entry

#60) is GRANTED, Plaintiff’s claims against McMullin are DISMISSED WITHOUT PREJUDICE,
and McMullin’s name is removed as a party Defendant.
2.

The motion for summary judgment filed by Defendants John Smith, Jeremy Sparks,

and Rick Webb (docket entry #63) is GRANTED.
3.

Plaintiff’s claims of inadequate medical care against John Smith, Jeremy Sparks, and

Rick Webb, are DISMISSED WITHOUT PREJUDICE, and the names of John Smith and Jeremy
Sparks are removed as party Defendants.
4.

Plaintiff is allowed to proceed in this case on only his claim of excessive force,

against Rick Webb only in his personal capacity, and any other claims he is pursuing regarding Rick
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Webb’s alleged use of force are DISMISSED WITH PREJUDICE.
IT IS SO ORDERED THIS 5TH DAY OF JANUARY, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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