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)

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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'~ยท D.P. Marshall Jr. United States District Judge 18 November 2013

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