Vann v. Hobbs et al

Filing 142

ORDER approving and adopting in their entirety 135 Partial Report and Recommendations; granting in part and denying in part 120 Motion for Summary Judgment; and, holding in abeyance ruling on the remaining issues raised by both parties in their 117 and 120 Motions for Summary Judgment pending a hearing to more fully develop the facts and issues. The Court will issue a seperate order setting the hearing. Signed by Judge James M. Moody on 5/31/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LAMONT CLAYTON VANN,
ADC #108062
v.

PLAINTIFF
5:11-cv-00146-JMM-JJV

RAY HOBBS, Director, Arkansas
Department of Correction; et al.

DEFENDANTS
ORDER

The Court has reviewed the Proposed Findings and Recommended Partial Disposition
submitted by United States Magistrate Judge Joe J. Volpe and Plaintiff’s objections. After carefully
considering the objections and making a de novo review of the record, the Court concludes that the
Proposed Findings and Recommended Partial 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. 120) is GRANTED in part

and DENIED in part:
A.

Claims for monetary damages against Defendants in their official capacities

are DISMISSED with prejudice;
B.

Defendant McCrimmon is DISMISSED without prejudice;

C.

Defendants Harris and Banks are DISMISSED with prejudice;

D.

Plaintiff’s claim against Defendant Meinzer for the violation of prison policies

and rules should is DISMISSED with prejudice;
2.

Ruling on the remaining issues raised by both parties in their Motions for Summary

Judgment (Doc. Nos. 117, 120) is held in abeyance pending a hearing to more fully develop the facts
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and issues;
3.

The Court will issue a separate order setting the hearing.

DATED this 31st day of May, 2012.

_____________________________________
JAMES M. MOODY
UNITED STATES DISTRICT JUDGE

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