Culbertson v. Roberson et al

Filing 67

ORDER denying 63 Motion to Clarify the Court's June 24, 2011 Partial Report and Recommendation. Signed by Magistrate Judge Jerome T. Kearney on 7/29/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BILLY CULBERTSON,
ADC #076385
v.

PLAINTIFF

4:10-cv-01464-SWW-JTK

JIM ROBERSON, et al.

DEFENDANTS
ORDER

Defendants’ Motion to Clarify the Court’s June 24, 2011 Partial Report and
Recommendation (Doc. No. 63) is DENIED. The official capacity argument was not raised in the
Defendants’ Motion for Summary Judgment (Doc. No. 45) and was not addressed in the June 24,
2011 Partial Report and Recommendation. The Partial Report and Recommendation was adopted
in its entirety by Order dated July 26, 2011 (Doc. No. 61).
IT IS SO ORDERED this 29th day of July, 2011.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE