Magness v. Van Buren County Sheriff's Department

Filing 158

ORDER approving and adopting in their entirety as this Court's findings in all respects 154 Report and Recommendations; granting 136 Defendants' Motion for Summary Judgment; denying 147 Plaintiff's Motion to Dismiss; denying as moot 151 Motion to Strike; denying as moot 157 Motion to Appoint Counsel; and dismissing with prejudice Plaintiff's cause of action against Defendants. Signed by Judge James M. Moody on 1/25/2013. (dmn)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOHN WESLEY MAGNESS, ADC #150340 Plaintiff, v. * * * * * * * * * Van Buren County Sheriff’s Department; et al., Defendants. No. 4:11-cv-00652-JMM-JJV ORDER The Court has reviewed the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully considering the objections and making a de novo review of the record, the Court concludes that the Proposed Findings and 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. Defendants’ Motion for Summary Judgment (Doc. No. 136) is GRANTED. 2. Plaintiff’s Motion to Dismiss (Doc. No. 147) is DENIED. 3. All pending motions are DENIED as moot. 4. Plaintiff’s cause of action against Defendants is DISMISSED with prejudice. SO ORDERED this 25th day of January, 2013. JAMES M. MOODY UNITED STATES DISTRICT JUDGE 1

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