Thurmond v. Elkins et al

Filing 74

ORDER approving and adopting in their entirety 68 Proposed Findings and Recommendations as this Court's findings in all respects; denying without prejudice 53 Plaintiff's Motion for Summary Judgment; and holding in abeyance 58 Defendants' Motion for Summary Judgment until after the close of discovery. Signed by Judge James M. Moody Jr. on 4/4/2018. (ljb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
SAM EDWARD THURMOND, SR.
ADC #127149
v.

PLAINTIFF

CASE NO. 4:17CV00314 JM

DELLWYN ELKINS, et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommendations submitted by United
States Magistrate Judge Jerome T. Kearney. After a careful review of Mr. Thurmond’s timely
objections, and upon a de novo review of the record, the Court concludes that the Proposed
Findings and Recommendations 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.

Plaintiff’s Motion for Summary Judgment (Doc. No. 53) is DENIED without

prejudice.
2.

Defendants’ Motion for Summary Judgment (Doc. No. 58) is HELD IN

ABEYANCE until after the close of discovery.
IT IS SO ORDERED this 4th day of April, 2018.

___________________________________
UNITED STATES DISTRICT JUDGE