Thomas v. Byrd et al
ORDER adopting 78 REPORT AND RECOMMENDATIONS in their entirety; therefore, Defts' Motion to Dismiss 67 and Motion for Summary Judgment 73 are DENIED; Pltf's 80 Motion for Extension of Time to File Objections is moot; Deft Roberson is liable for $500.00 in actual damages for his use of excessive force against Pltf; all other claims are DISMISSED WITH PREJUDICE; judgment will be entered accordingly. Signed by Judge Susan Webber Wright on 11/30/09. (vjt)
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ANTHONY JAMES THOMAS, Jr V. KARL BYRD, et al. ORDER The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the recommendation, the timely objections received thereto, as well as a de novo review of the record, the Court concludes that the recommendation should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety. Defendants' Motion to Dismiss (#67) and Motion for Summary Judgment (#73) are DENIED. Defendant Roberson is liable for $500.00 in actual damages for his use of excessive force against Plaintiff. All other claims are DISMISSED WITH PREJUDICE.1 IT IS SO ORDERED this 30th day of November, 2009. CASE NO. 4:08CV03840 SWW/BD DEFENDANTS PLAINTIFF
/s/Susan Webber Wright UNITED STATES DISTRICT JUDGE
Plaintiff's motion for extension of time to file objections [docket entry 80] is moot.
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