Moses v. Winter et al

Filing 31

ORDER ADOPTING 30 Report and Recommendations; therefore, defts' 23 Motion for Summary Judgment is granted; pltf's claims against defts are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 11/18/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TYRONE V. MOSES
ADC # 153122

PLAINTIFF
No. 4:12-cv-489-DPM-JTK

v.

WINTER, LPN, Faulkner County Detention
Facility, and STEWART, Dr., Faulkner County
Detention Facility

DEFENDANTS

ORDER

No one has objected to Magistrate Judge Jerome T. Kearney's Proposed
Findings and Recommendations, NQ 30. Having reviewed for clear errors of
fact on the face of the record, FED. R. CIV. P. 72(b) (Advisory Committee notes
to the 1983 addition), and for legal error, the Court adopts the proposal with
one clarification: at this stage of the case, the qualified-immunity question is
answered by the evidence of record, not on the allegations made. Stewart's
and Winter's motion for summary judgment, NQ 23, is granted. Moses's
claims against Stewart and Winter are dismissed with prejudice.
So Ordered.

J.!l:M,.,..d.dt'~·
D.P. Marshall Jr.
United States District Judge
18 November 2013