Stacy v. Andrew et al

Filing 70

ORDER approving and adopting in their entirety 69 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; granting in part and denying in part 55 motion for summary judgment; dismissing with prejudic e Stacy's official capacity claims; and dismissing with prejudice Stacy's individual capacity claims against defendants Rice, Ryals, Stewart, and Munyan. Stacy's individual capacity failure-to-protect claims against defendants Andrew and Bryant will be set for trial. Signed by Judge James M. Moody Jr. on 10/29/2018. (ljb)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MICHAEL ALAN STACY v. PLAINTIFF No: 4:17-cv-00093 JM-PSH GARY ANDREW, et al. DEFENDANTS ORDER The Court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful consideration, the Court concludes that the Proposed Findings and Partial 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. 55) is granted in part and denied in part. 2. Stacy’s official capacity claims is dismissed with prejudice. 3. Stacy’s individual capacity claims against defendants Rice, Ryals, Stewart, and Munyan are dismissed with prejudice. 4. Stacy’s individual capacity failure-to-protect claims against defendants Andrew and Bryant will be set for trial. DATED this 29th day of October, 2018. ________________________________ UNITED STATES DISTRICT JUDGE

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