Ratchford et al v. Evans et al

Filing 158

ORDER ADOPTING REPORT AND RECOMMENDATIONS 155 ; granting 133 Motion for Summary Judgment; finding as moot 153 Motion for Joinder; and dismissing plaintiffs' complaint against defendants with prejudice. Signed by Judge D. P. Marshall Jr. on 9/28/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JEFFREY SCOTT RATCHFORD, ADC # 127515; CHARLES E. BUTLER, ADC # 110397; ROBERT HEFFERNAN, ADC # 76641; and DELLEMOND CUNNINGHAM, ADC # 104415 v. PLAINTIFFS No. 5:11-cv-180-DPM-JTK GLADYS M. EVANS, Program Specialist, Varner Unit, ADC; BARBARA SMALLWOOD, Business Manager, Varner Unit, ADC; JAMES BANKS, Warden, Varner Unit, ADC; originally sued as J Banks; and RAY HOBBS, Director, Arkansas Deptartment of Correction DEFENDANTS ORDER The Court has considered Magistrate Judge Kearney’s proposed findings and recommendations, Document No. 155, to which Ratchford and the other plaintiffs objected, Document No. 156. Upon de novo review of the record, including the pleadings, previous motions, orders, and hearing transcripts, the Court adopts Judge Kearney’s well-crafted proposal as its own. FED. R. CIV. P. 72(b)(3). Plaintiffs’ objections run aground on the sworn testimony from all those involved, which establishes what happened. And on the undisputed material facts, plaintiffs’ claims fail as a matter of law. Defendants’ motion for summary judgment, Document No. 133, granted. Plaintiffs’ complaint against Defendants is dismissed with prejudice. The motion for joinder, Document No. 153, is denied as moot. So Ordered. _________________________ D.P. Marshall Jr. United States District Judge 28 September 2012 -2-

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