Winston v. Gonda et al

Filing 75

ORDER ADOPTING 71 Partial Report and Recommendations and allowing plaintiff to proceed to a jury trial only on his claims of excessive force, failure to protect, and delay of medical card and dismissing all other claims with prejudice; and denying as moot 68 Motion to Compel filed by Eric Winston,. Signed by Judge Brian S. Miller on 6/1/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ERIC WINSTON ADC #105483 V. NO: 5:08CV00230 BSM/HDY DEFENDANTS ORDER The court has reviewed the Proposed Findings and Partial Recommended Disposition submitted by United States Magistrate Judge H. David Young. 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. Plaintiff is allowed to proceed to a jury trial only on his claims of excessive PLAINTIFF

MARSHALL GONDER et al.

force, failure to protect, and delay of medical care. 2. All other claims raised in plaintiff's complaint are DISMISSED WITH PREJUDICE. 3. Plaintiff's pending motion to compel (docket entry #68) is DENIED AS MOOT. DATED this 1st day of June, 2009. UNITED STATES DISTRICT JUDGE