Imbeau v. Smith et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS 25 and granting defts' 13 Motion for Summary Judgment. Plaintiff's claims are dismissed without prejudice and all other pending motions are denied as moot. Signed by Judge D. P. Marshall Jr. on 7/14/11. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION TERRY WAYNE IMBEAU v. PLAINTIFF Case No. 4:09-cv-686-DPM MIKE SMITH, JIMMY HART, PHIL BLAYLOCK, TERRY ALVEY, LOUIS GOTTSPONER, CODY HILL, BILLY F. DEAVER, MICHAEL HAMMONS, PHILIP HOYT, GARY SAMS, JOHN TRAFFORD, THOMAS FLOWERS, LAWRENCE WILLIAMS, and LYLE WILSON DEFENDANTS ORDER The Court has considered Magistrate Judge H. David Young's Proposed Findings and Recommendations, Document No. 25, and Terry's Imbeau's objection, Document No. 29. After de novo review, the Court adopts Judge Young's recommended disposition as its own with an added word. FED. R. CIV. P. 72(b)(3). The Defendants' motion for summary judgment, Document No. 13, is granted. Imbeau's federal claims are dismissed with prejudice because there is no genuine dispute for trial. Imbeau's main claim has a fatal evidentiary gap: he cannot identify either the inmate who told him a jailer had revealed his sexual-assault charge or the jailer. Imbeau's testimony about what prompted the fight, and what creates the claim, is inadmissible hearsay. It might come in as the basis for the inmates' actions; but there simply is no evidence of the allegation's truth. Imbeau's state claims are dismissed without prejudice. All other pending motions are denied as moot. So Ordered. D.P. Marshall Jr. United States District Judge Wuly 2011 -2­

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