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)

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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

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